Terms and Conditions
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DESCRIPTION OF BIDDAY SERVICE BidDay provides an online venue for Sellers to list assets for sale and for Buyers to locate assets for sale in order to facilitate the transfer of ownership of assets ("Assets"). Unless specifically stated otherwise in any asset listing, assets available through the Site are offered by Sellers and not by BidDay. BidDay is not a party to the offer or sale of these Assets, does not own the Assets listed on the Site, and only provides the technical means for the offer and sale of the Assets. BidDay does not ensure that a Seller and Buyer will complete a transaction. BidDay is not responsible for fulfillment of any Asset sale or for facilitating the delivery of said Asset(s). Although BidDay may supervise the content of information of the Site (see "Supervision of Content" below), BidDay does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any Member as a result of relying on any material, content and information posted on the Site. MEMBER REGISTRATION AND INFORMATION (a) Registration Data. Each Member expressly agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so, and (2) maintain and update this information as required to keep it current, complete and accurate. Furthermore, Member grants BidDay the right to use Member-related data for purposes described in the BidDay Privacy Policy. Member is further directed to review the BidDay Privacy Policy for further information concerning the collection and usage of Member information. BidDay membership is non-transferable. If any information provided by Member is incomplete or inaccurate, BidDay retains the right to terminate Member's rights to use the Site. The BidDay site is a private venue; BidDay may deny access to its site at its sole discretion, and for any reason or for no reason. Providing false or fraudulent Member information could subject a Member to criminal or civil liability as well as being a violation of these Terms of Service. Member may change personal information on its existing membership account only to update the Member account. (b) Username and Password. Once a party becomes a Member of the Site, the Member will select a username and a password. Members are entirely responsible for maintaining the confidentiality of their usernames and passwords. Furthermore, Members are entirely responsible for any and all activities which occur under a Member's username and password. Member agrees to immediately notify BidDay of any unauthorized use of Member's username or any other breach of security known to Member. BidDay may terminate the membership of any Member due to the misuse, improper use or unauthorized use of their username, password or this Site. BidDay shall not be responsible and the Member shall hold harmless BidDay for any actual, special, consequential or incidental losses or damages arising from the misuse, improper use or unauthorized use of their username, password or this Site. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE By completing the registration process to become a member ("Member") of the BidDay ("BidDay") Web site (the "Site"), you accept and agree to be bound by the terms of service, operating rules, Privacy Policy and/or other policies of BidDay, published by BidDay as described below (all such terms of service, operating rules and/or policies as they may be amended from time to time shall hereinafter be referred to as these "Terms of Service"). Members may be referred to as : • "User" or "Buyer" when a Member is being described as acting as a buyer in a transaction, • "Bidder" when a Member is being described as bidding on an asset in order to act as a potential Buyer in a transaction, • "Seller" when a Member is acting as a seller in a transaction, • “Vendor” when facilitating services or information gathering, formatting, or preparation, or various services related to the exchange of assets or ancillary services associated with the asset being sold, and finally, • “Agent” or “Broker” when representing a seller or buyer in the sale or purchase of an asset. These Terms of Service comprise the entire agreement between Member and BidDay and supersede all prior agreements between the parties, regarding the subject matter contained herein. In addition to agreeing to these Terms of Service, you also accept and agree to be bound by the Seller's additional conditions of sale or purchase agreement, either in the asset listing or within a Seller's marketplace, so long as those conditions of sale are not in violation of these Terms of Service or are unlawful. If you are applying as an individual, you expressly represent and warrant that you have the capacity under applicable law to enter into a legally binding contract; for example, if you are a minor, you may only use BidDay's services in conjunction with your parent(s) or guardian(s). If you are applying as a legal entity, you expressly represent and warrant that you have been duly authorized by your company, partnership, or other legal entity to enter into agreements on behalf of that entity. Broker and Agents Brokers and Agents who represent a seller’s asset may register with the terms and pricing stated on the Agents/Broker registration page. When a property successfully has an associated high bidder and closes on the asset, a $500 Seller Technology Fee will be charged to the agent. The agent may list this as a cost on escrow and be reimbursed by the seller at close. Bidders & Buyers Bidders may register with the terms and pricing state on the Buyers registration page. When a bidder becomes the high bidder on an asset and closes on the asset, a $500 Buyer Technology Fee will be applied to the card that was used during registration at close of escrow. Vendors and Inspectors Vendors and Inspectors may register with the terms and pricing stated on the Vendors and/or Inspectors registration page. When a property is selected to provide services for, the associated charge will be applied to your credit card or reduced from your service compensation based on the terms stated according to the service provided. Site Disclaimer The information contained in this website is for general information purposes only. The information is provided by BidDay.com and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits which arise out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of BidDay.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, BidDay.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Third Party Disclaimer All information derived from third party sources, including but not limited to property assessments, appraisals, and title reports, if any, is deemed reliable but not guaranteed. All buyers are deemed to have relied entirely on their own information, judgments and inspections of the property in making their decision to purchase the property. Pictures of the property contained herein may not be current and may not accurately reflect the condition of the property at any future date. Buyer should determine the condition of the property by physical inspection prior to purchase. Asset Disclaimer BidDay.com offers this property for sale in “as is” condition at the time of sale or closing, including any hidden defects of any nature, known or unknown. BidDay.com offers the buyer no representations, warranties or guarantees whatsoever express or implied, regarding the property’s nature, value, source, authenticity, fitness, merchantability, and/or any other aspect or characteristic of the property. No statement anywhere, whether express or implied, shall be deemed a warranty or representation by BidDay.com regarding the property. All sales are with the understanding that the buyer cannot rely on any other representation, warranty or guaranty made by anyone. Buyer is responsible for all liens and encumbrances, including without limitation back taxes and utilities. Prior to purchasing the property, Buyer should research or have researched any back taxes, outstanding utilities or city or municipal code violations, including condemnations. Buyer acknowledges and verifies that Buyer has carried out the necessary due diligence to purchase the property. All sales are final, and BidDay.com will not provide a refund for any reason. By placing a bid, you acknowledge that any statements made by the seller pertaining to the condition or market value of the property are subjective, and do not release you from your responsibility to perform a due diligence review. MODIFICATIONS TO TERMS OF SERVICE BidDay may change these Terms of Service from time to time. Any amendment shall be effective immediately without notice upon posting on the Site. Member's continued use of the Site constitutes an affirmative: (1) acknowledgment by Member of these Terms of Service and any modifications; and (2) agreement by Member to abide and be bound by these Terms of Service, including any modifications. Both the Seller and Buyer acknowledge that they shall be solely responsible for obtaining updated information concerning changes to these Terms of Service. It is further acknowledged by the Member that the Terms of Service in effect at the time that a dispute shall arise shall control in all matters. SUPERVISION OF CONTENT BidDay reserves the right to supervise all material, content and information on its Site, including, but not limited to, Asset listings and bidding activity, to determine compliance with the Terms of Service and all current and future operating procedures and rules of conduct established by BidDay. BidDay reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a Member, which may violate any state, federal or local law or violate any aspect of these Terms of Service or which may otherwise jeopardize the business operations or goals of BidDay. BidDay shall not be responsible for material content and information contained on this Site that is provided by the Members, and all parties agree to hold BidDay harmless with regard to same pursuant to the limitation of liabilities, and release and indemnification provisions contained in these Terms of Service. TERMINATION OF MEMBER'S RIGHTS TO USE SITE BidDay retains the right to terminate a Member's rights to use the Site. The Member agrees that BidDay may, in its sole discretion, terminate a Member’s account, deny access to the site, and terminate any active auctions. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems,(d) actions which might jeopardize the business operations or goals of BidDay, and (e) extended periods of inactivity. Termination of the BidDay account includes removal of access to all offerings within the site, and deletion of password and all related information, files and content associated with or inside the account. Further, the Member agree that all terminations shall be made in BidDay’ sole discretion and that BidDay shall not be liable to the Member or any third-party for any termination of an account or access to the site. If it is suspected, in BidDay’ sole discretion, that a Member has participated in fraudulent behavior on the Web site, BidDay reserves the right to suspend a Member’s account at any time, remove any active auctions, and give Buyers of recent auctions the opportunity to withhold performance without penalty. COMMUNICATION WITH MEMBERS Members may elect to receive notification of new Asset listings and other opportunities available to Sellers or Buyers. BidDay also relies on electronic messaging to keep its Members informed of events on its Site and the Member agrees to allow BidDay to so communicate. Member may "Opt Out" of such communications by contacting BidDay via the contact us section of the site. NATURE OF BIDDAY RESPONSIBILITIES BidDay agrees to act with respect to each BidDay transaction in accordance with these Terms of Service. The duties and responsibilities of BidDay and its affiliates shall be limited to those expressly set forth in these Terms of Service. BidDay shall not be subject to, or obliged to recognize, any other agreement between, or direction or instruction of, any or all of the parties to any such BidDay transaction. MEMBER ACKNOWLEDGES AND AGREES THAT BIDDAY'S DUTIES ARE MINISTERIAL IN NATURE. BIDDAY IS MERELY A FACILITATOR AND PROVIDES TRANSACTIONAL ASSISTANCE TO ITS MEMBERS AND IS NOT A PRINCIPAL TO ANY TRANSACTION. BIDDAY SHALL NOT AND DOES NOT TAKE TITLE OR OWNERSHIP OF ANY PROPERTY OR FUNDS HELD BY IT. TITLE TO SUCH PROPERTY OR FUNDS SHALL BELONG TO THE SELLER OR BUYER, AS THE CASE MAY BE, AND SHALL BE HELD AND DISPOSED OF IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE OR AS OTHERWISE AGREED UPON BETWEEN BUYER AND SELLER. ANY DISPUTES AND/OR DISAGREEMENTS BETWEEN BUYER AND SELLER MUST BE ADDRESSED BETWEEN BUYER AND SELLER, AND MEMBER EXPRESSLY AGREES NOT TO HOLD RESPONSIBLE, BIDDAY OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES IN ANY WAY OR IN ANY MANNER. MEMBER ACKNOWLEDGES AND AGREES THAT NEITHER BIDDAY NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES ENDORSES ANY OF THE ASSETS THAT ARE TRANSFERRED THROUGH THE SITE AND THAT NEITHER BIDDAY NOR ITS EMPLOYEES, REPRESENTATIVE OR AFFILIATES IS RESPONSIBLE FOR ANY DAMAGES TO GOODS DURING TRANSIT NOR FOR MISREPRESENTATIONS AND/OR BREACHES OF CONTRACT BY EITHER BUYER AND/OR SELLER. BIDDAY AND ITS EMPLOYEES, REPRESENTATIVES AND AFFILIATES SHALL ALSO BE FULLY PROTECTED IN RELYING UPON ANY WRITTEN NOTICE, DEMAND, CERTIFICATE OR DOCUMENT, WHICH IT IN GOOD FAITH BELIEVES TO BE GENUINE. NEITHER BIDDAY NOR ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES SHALL INCUR ANY LIABILITY WHATSOEVER, AND BOTH BUYER AND SELLER SHALL INDEMNIFY THE EMPLOYEES, REPRESENTATIVES AND AFFILIATES OF BIDDAY, WITH REGARD TO THEIR CONDUCT IN OPERATING OR MAINTAINING THIS WEBSITE OR IN THE FULFILLMENT OF THEIR DUTIES AS EMPLOYEES REPRESENTATIVES OR AFFILIATES OF BIDDAY AS MORE FULLY DESCRIBED IN THE RELEASE AND INDEMNIFICATIONS CONTAINED HEREIN. MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. ADDITIONALLY BOTH BUYER AND SELLER, RESPECTIVELY AGREE TO INDEMNIFY BIDDAY AGAINST ANY AND ALL CLAIMS ARISING OUT OF THE LIMITATION OF LIABILITY CONTAINED HEREIN AND DESCRIBED MORE FULLY IN RELEASE AND INDEMNIFICATIONS CONTAINED HEREIN. Other Provisions DISCLAIMER OF WARRANTIES MEMBERS EXPRESSLY AGREE THAT USE OF THE SITE IS AT A MEMBER'S SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIDDAY EXPRESSLY DISCLAIMS ANY AND 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. BIDDAY MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET A MEMBER'S REQUIREMENTS, OR THAT SUCH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BIDDAY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN ANY SOFTWARE WILL BE CORRECTED. BIDDAY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM BIDDAY OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LIMITATION OF LIABILITY IN NO EVENT SHALL BIDDAY OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES BE LIABLE TO A MEMBER OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR RELIANCE DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT A MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK AND ARE REFLECTED IN THE FEES AGREED UPON BY THE PARTIES. FURTHER, BIDDAY' AGGREGATE LIABILITY ARISING WITH RESPECT TO MEMBER'S USE OF THIS SITE SHALL NOT EXCEED THE GREATER OF (A) $100 or (B) THE TOTAL AMOUNTS PAID BY THE MEMBER TO BIDDAY UNDER ANY AUCTION COMPLETION FEE AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. ADDITIONALLY BOTH BUYER AND SELLER, RESPECTIVELY AGREE TO INDEMNIFY BIDDAY AGAINST ANY AND ALL CLAIMS ARISING OUT OF THE LIMITATION OF LIABILITY CONTAINED HEREIN AND DESCRIBED MORE FULLY IN RELEASE AND INDEMNIFICATIONS CONTAINED HEREIN. NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE Member's right to use the Site is personal to Member. Member agrees not to resell or make any commercial use of the services provided on the Site, without the express written consent of BidDay Member acknowledges that content appearing on the Site may be protected by copyrights, trademarks or other proprietary or personal rights and that applicable laws will govern the Member's use of such content. Member agrees that without the prior written consent of BidDay, Member shall not resell the Site, or the services provided on the Site, or use the Site for the transmission of commercial solicitations (other than an offer by Seller of Assets for sale) or for the receipt of responses to commercial solicitations (other than a Buyer's interest in purchasing Assets offered for sale through the Site) without the express written consent of BidDay. Member agrees not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Site. Member agrees not to use the Site for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind. Member agrees not to use the Site to disseminate any message in a broad-based mailing without the prior written permission of BidDay Member agrees not to forge communications or take any other action that would disguise the origin of communications Member transmits through the Site. Member agrees not to permit another person to transmit communications that falsely identifies the Member's account as the origin of such communication. MEMBER CONDUCT Member is solely responsible for the contents of his/her/its transmissions through the Site. Member's use of the Site is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Site; (2) not to use the Site for illegal purposes; (3) not to interfere or disrupt networks connected to the Site; (4) to comply with all regulations, policies and procedures of networks connected to the Site; (5) not to post any information which is meant to be deceptive or knowingly inaccurate; and (6) to refrain from infringement on any material posted on the BidDay Site, including information posted by other Members, that is copyrighted, patented, trademarked or similarly protected under proprietary rights or rights of privacy. Member agrees not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member further agrees not to use the Site in a manner that violates any Federal, state or local laws or statute, including but not limited to the sale of any regulated substances. Member email contact information is provided to facilitate the purchase and sale of Assets posted on the Site. Use of this contact information to transact purchase and sale of items, whether posted on the Site or similar items, is a violation of these Terms of Service. BidDay is due normal fees on all such purchase and sale transactions consummated in circumvention of the BidDay Site. BidDay may terminate any Member's account immediately, in our sole discretion, if we believe that the Member's conduct fails to conform to this Section of this Agreement. Without limiting the foregoing, if Member uses, or attempts to use, the services for any purposes other than our intended purposes, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the services, Member's account will be terminated and you may also be subject to civil and criminal liability. NOTICES - DEFINITIONS Sold Notices and other notices given by BidDay shall be valid when sent by e-mail to the e-mail address registered with BidDay. The term "Buyer", "Bidder", "Seller", “Agents”, “Broker” and "Member" includes corporations, partnerships, persons, agents, representatives and any legal entity entitled to participate in the Site. RELEASE AND INDEMNIFICATION Notwithstanding any other release, agreement to "hold harmless" or indemnification contained herein, Member hereby further waives, releases, forgives, discharges and relinquishes any and all claims that Member now has or may have against BidDay, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any BidDay transaction or the use of the Site. Member hereby agrees to indemnify, defend and hold BidDay, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by BidDay, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement, including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any BidDay transaction and/or by any other person and/or as a result of the Member taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. Member further agrees to indemnify and hold BidDay, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Site, the violation of these Terms of Service by Member, or the infringement by Member, or other Member of the Site using Member's computer, of any intellectual property or other right of any person or entity. 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." RESOLUTION OF DISPUTES (a) Resolution of Disputes Generally. MEMBER ACKNOWLEDGES AND AGREES THAT ANY DISPUTE INVOLVING BIDDAY SHALL BE RESOLVED SOLELY IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN MONTGOMERY COUNTY, STATE OF CALIFORNIA. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS TO ENFORCE THIS AGREEMENT, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS. MEMBER ADDITIONALLY ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE COLLECTION OF FEES DUE TO BIDDAY, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES IN THE AMOUNT OF THIRTY THREE PERCENT (33%) OF THE TOTAL AMOUNT DUE, COURT COSTS PLUS AND OTHER FEES. (b) Dispute Resolution Assistance. While BidDay is not responsible for resolution of any disputes between Members, BidDay may at its sole discretion assist Members involved in a dispute. Any assistance requested from BidDay must be in writing for review and consideration. BidDay is in no way responsible for resolving the dispute between Members, nor does assistance provided by BidDay relieve the Members from their responsibilities under these Terms of Service. Should BidDay be notified in writing, or otherwise determine, that a dispute has arisen between a Bidder and Seller, or should BidDay suspect, detect or be notified of potential credit card or other fraud related to the transaction, BidDay is authorized, in its sole and absolute discretion, to hold the funds at issue until notified in writing by all parties that the dispute has been resolved, or until the absence of fraud shall have been confirmed to its satisfaction, or until the dispute is resolved by mutual agreement. BidDay is also authorized, in its sole and absolute discretion, to commence an action to interplead the funds in dispute, either in the state or federal courts in California, in the jurisdiction of which a Member irrevocably consents, or in a court located where one or more of the parties to the dispute resides. The Member agrees that the decision of the courts in the interpleader action shall be final and binding upon the parties. Member further agrees that BidDay shall be entitled to recover its reasonable costs of bringing the interpleader action, including its reasonable attorneys' fees, from the disputed funds. NO AGENCY BidDay is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between the Member and BidDay by these Terms of Service. APPLICABLE LAW AND OTHER TERMS These Terms of Service shall be governed by and construed in accordance with the laws of the State of California. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BidDay's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BidDay in writing. Member and BidDay agree that any cause of action arising out of or related to the use of the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and Member and BidDay forever waives any such cause of action. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. |
