TERMS OF USE AGREEMENT

 

                                                      Last updated April 9, 2020                                                       

 

  1. INTRODUCTION

This Terms of Use Agreement (“Terms”, or “Agreement”) governs your use of the BidMyCrib, LLC (“BidMyCrib,” “Company,” “we,” “our” or “us”) website, branded pages on third party and partner platforms, mobile applications, and through other online communications, (collectively, the “Services”), and any purchases you make through the Services. By using the Services, you agree, without limitation or qualification, to be bound by these Terms and the BidMyCrib Privacy Policy. If you do not agree, do not use the Services. 

These Terms are applicable to all of BidMyCrib’s Services. BidMyCrib may revise these Terms at any time. Your continued usage of the Services will mean you accept all such revisions, and you agree to comply with all applicable laws and regulations. The materials provided on the Services are protected by law, including, but not limited to, United States copyright and trademark laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Services for any reason.

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH BIDMYCRIB ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY. 

  1. HOW THE SERVICES ARE FUNDED

The Services are funded in part through paid advertisements. By using the Services covered by this Terms you agree that we can show you ads that businesses and organizations pay us to promote. We use your information (as defined in our Privacy Policy) to show you ads that are more relevant to you. We may provide these businesses and organizations with reports about the performance of their ads to help them understand how people are interacting with their content on and off of BidMyCrib’s platforms. Please see our Privacy Policy for information on how we collect and use your information.

BidMyCrib may also charge fees to users wishing to sell their housing contracts. These fees may be charged to list the contract, promote that listing, or to otherwise assist users in finding a suitable buyer for a contract.

 

  1. ACCOUNT ELIGIBILITY AND RESPONSIBILITIES

When you use the Services you agree to make the following commitments.

Who Can Use BidMyCrib

You cannot use BidMyCrib if:

  • you are under 18 years old; or
  • we’ve previously terminated or disabled your account for violations of our Terms or policies.

What You Can Share and Do on BidMyCrib

You may not use the Services to do or share anything:

  • that violates these Terms;
  • that is unlawful, misleading, discriminatory or fraudulent;
  • that infringes or violates someone else’s rights, including their intellectual property rights; or
  • that we feel is inconsistent with our business practices, reputation or intent of the Services.

You may not access or collect data from the Services using automated means (without our prior permission) or attempt to access data you do not have permission to access.

To help support our efforts, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our Terms and policies.

The Permissions You Give Us

We need certain permissions from you to provide the Services.

 

  • Permission to use content you create and share. Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws. You own the intellectual property rights (things like copyright or trademarks) in any such content that you share as a result of the Services. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide the Services we need you to give us some legal permissions (known as a ‘license’) to use this content. Specifically, when you share, post, or upload any content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you share photos on BidMyCrib, you give us permission to store, copy, and share those photos with others, such as service providers that support the Services. This license will end when your content is deleted from our systems. You can delete content stored in your account individually or all at once by deleting your account.
  • Deleting content. When you delete content you upload to the Services, it is no longer visible to other users, however it may continue to exist elsewhere on our systems where:
    • immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
    • your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
    • where immediate deletion would restrict our ability to investigate or identify illegal activity or violations of our terms and policies, comply with a legal obligation, or comply with a request of a law enforcement or a government agency.

When content continues to exist after deletion, the content will be retained as long as is needed for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted. Please see our Privacy Policy for other information that we may collect from you or as a result of your use of the Services.

  • Permission to use your name, profile information, and information about your actions with ads and sponsored content. You give us permission to use your name and profile information and information about actions you have taken on BidMyCrib next to or in connection with ads, offers, and other sponsored content that we display across the Services, without any compensation to you. For example, we may show your profile information to users that are interested in one of your listings, or to users who are interested in the same listings you have shown an interest in.

Limits on Using Our Intellectual Property

If you use content covered by intellectual property rights that we have and make available in the Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share on BidMyCrib), we retain all rights to that content. We also own any content that is created by our Services. You may not use our copyrights or trademarks (or any similar marks) unless we have given you written permission to do so. You may not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

 

  1. CONTENT

It is important that you understand your rights and responsibilities with regard to the content on the Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content. While using the Services, you will have access to: (i) content that you upload or provide while using the Services (“Your Content”); (ii) content that other users upload or provide while using the Services (“Member Content”); and (iii) content that BidMyCrib provides, or that is otherwise generated or created, on and through the Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Services, including information on users’ profiles and listings, and in direct messages between users.

Your Content

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability. You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through BidMyCrib or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of the Services. You may not display any banking or financial information, whether in relation to you or any other person. If you choose to reveal any sensitive information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any sensitive information online.

Your profile and any listing information will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

Member Content

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms. Other users will also share content on the Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with the Services’ purpose. You may not copy Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

Our Content

BidMyCrib owns all other content on, or created as a result of, the Services. Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on the Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We grant you a limited, non-exclusive license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

  1. PRIVACY

For information about how BidMyCrib and its affiliates collect, use, and share your information, please read our Privacy Policy. By using the Services, you agree that we may use your information in accordance with our Privacy Policy.

 

  1. RIGHTS YOU ARE GRANTED BY BIDMYCRIB

For as long as you comply with these Terms and you have an active account, BidMyCrib grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services for purposes as intended by BidMyCrib and permitted by these Terms and applicable laws.

 

  1. RIGHTS YOU GRANT BIDMYCRIB

You grant us the right to use Your Content as provided in this Agreement. By creating an account, you grant to BidMyCrib a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from BidMyCrib or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. BidMyCrib’s license to Your Content shall be non-exclusive, except that BidMyCrib’s license shall be exclusive with respect to derivative works created through use of the Services. For example, BidMyCrib would have an exclusive license to screenshots of the Services that include Your Content.

In addition, so that BidMyCrib can prevent the use of Your Content outside of the Services, you authorize BidMyCrib to act on your behalf with respect to infringing uses of Your Content taken from the Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of the Services. BidMyCrib is not obligated to take any action with regard to use of Your Content by other users or third parties. BidMyCrib’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for BidMyCrib allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to BidMyCrib regarding the Services, you agree that BidMyCrib may use and share such feedback for any purpose without compensating you.

You agree that BidMyCrib may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

  1. PURCHASES

You may have the opportunity to purchase products and services from BidMyCrib. BidMyCrib may offer these products and services for purchase via credit card or other payment processors on our websites and apps (“Internal Purchases”).

Internal Purchases

Internal Purchases are processed using the Payment Method you provide on our websites or apps. If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize BidMyCrib to charge the payment method you provide (your “Payment Method”). BidMyCrib may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, BidMyCrib may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want to use the Services. In the event that your chargeback or other payment reversal is overturned, please contact us at support@bidmycrib.com.

Refunds

ALL PURCHASES ARE FINAL AND NONREFUNDABLE.

  1. ACCOUNT TERMINATION

If you wish to delete your account, please contact us at support@bidmycrib.com

BidMyCrib reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused the Services, or behaved in a way that BidMyCrib regards as inappropriate or unlawful, on or off the Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by BidMyCrib for any reason, these Terms continue and remain enforceable between you and BidMyCrib, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

  1. DISCLAIMER

BidMyCrib’s Services Provided “As Is”

BIDMYCRIB PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BIDMYCRIB DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE. FURTHERMORE, BIDMYCRIB MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH YOU, OR TO BID ON, NEGOTIATE FOR, OR PURCHASE ANY HOUSING CONTRACT YOU MAY LIST ON THE SERVICES.

BIDMYCRIB TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICES NOR DOES BIDMYCRIB TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH BIDMYCRIB. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. BIDMYCRIB IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

Background Checks

YOU UNDERSTAND THAT BIDMYCRIB DOES NOT CONDUCT CRIMINAL OR ANY OTHER TYPE OF BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. BIDMYCRIB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. BIDMYCRIB RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE BIDMYCRIB TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OTHER USERS. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY BIDMYCRIB, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though BidMyCrib strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate outside of Services or meet in person.

Third-party Advertisements and Services

There may be ads on the Services. The Services may contain advertisements and promotions offered by third parties and links to other websites or resources. BidMyCrib may also provide non-commercial links or references to third parties within its content. BidMyCrib is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, BidMyCrib is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through the Services, such party’s terms will govern their relationship with you. BidMyCrib is not responsible or liable for such third parties’ terms or actions.

Limited Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIDMYCRIB, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BIDMYCRIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BIDMYCRIB’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO BIDMYCRIB FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

BidMyCrib has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to support@bidmycrib.com.

BidMyCrib will terminate the accounts of repeat infringers.

  1. DISPUTE RESOLUTION

If you are dissatisfied with the Services for any reason, please contact us at support@bidmycrib.com first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against BidMyCrib, these terms will apply.

 

Arbitration, Class-action Waiver, and Jury Waiver

If you pursue a legal claim against BidMyCrib, you agree to arbitration (with limited exceptions).

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
  2. By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Utah County, Utah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

Governing Law

Utah law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law). Except where our arbitration agreement is prohibited by law, the laws of the State of Utah, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. Notwithstanding the foregoing, the Arbitration Agreement above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Utah governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

Venue

Any claims that are not submitted to arbitration for any reason must be litigated in Utah County, Utah (except for claims brought in small claims court, or where prohibited by law). Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Utah County, Utah, all claims arising out of or relating to this Agreement, to the Services, or to your relationship with BidMyCrib that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Utah County, Utah, U.S.A. You and BidMyCrib consent to the exercise of personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an inconvenient forum.

 

  1. INDEMNITY BY YOU

 

You agree to indemnify BidMyCrib if a claim is made against BidMyCrib due to your actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless BidMyCrib, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, Your Content, your conduct toward other users, or your breach of this Agreement.

 

  1. ACCEPTANCE OF TERMS

By using the Services, you accept the Terms of this Agreement. By using the Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, and (iii) any additional terms upon purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, do not use the Services.

The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.

  1. ENTIRE AGREEMENT

 

This Agreement supersedes any previous agreements or representations. These Terms, with the Privacy Policy, and any additional terms upon purchase, contain the entire agreement between you and BidMyCrib regarding the use of the Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your BidMyCrib account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind BidMyCrib in any manner.

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