Welcome to www.ServiceNinja.com (the Site),
a website operated by eBidList, Inc. (eBidList,
we, us, or our). We provide our visitors and members
(collectively, you or your) with an online network to
connect consumers desiring certain services with providers of those services in
their own region, as well as a number of related services (collectively, the Services). The following terms and conditions (the Terms of Use) form a binding agreement between you and us. Please review the following terms
carefully. Each time you access
the Site or use the Services, you are agreeing to be bound by these terms,
whether you are a Visitor (which
means that you simply browse the Site), or you are a Member (which means that you have established an account on the
Site (your Account)). If you do
not agree to all of these terms, we are unwilling to grant you access to the
Site or Services, and you must cease access to the Site and Services
immediately. In addition, certain
areas of the Site or Services may be subject to additional terms of use posted
within, adjacent to or linked to from such areas. Any such terms are incorporated into these Terms of Use.
1. How It
Works. We know how hard it is to find good help these days, so we provide the
Site and Services as an online network for service providers and consumers. In
short, heres how it works: (i) a User looking for someone to provide a
specific service (a Customer) decides to post a listing on the Site
with the details of the service needed (a Listing); (ii) Members
looking for work who are interested in providing the Customer with that service
(Service Providers) place a bid on that Listing; (iii) the
Customer reviews the Service
Providers bid and Profile (as defined below); and (iv) the Customer may contact Service
Provider(s) who have bid on the Listing.
a. Posting a Listing: As a Customer, you can post Listings
for free. We require you, as a Customer, to provide your geographic area (the
more specific, the better) and zip code, an email address for us to contact you
(we will not give this to Service Providers) and a budget and description of
the services you are seeking (Listing Content). The Listing Content
may also include images that you provide related to your Listing. If a Service
Provider asks a question about your Listing, the question and your response
will become part of the Listing Content.
You promise that the Listing Content will be and will remain true,
accurate, current and complete. Once you post a Listing, you may modify certain
of your Listing Content and delete Listings that you no longer need.
b. Responding to Listings.
If you, as a Service Provider, see a Listing that fits your skills, you
can place a bid on that Listing. If you feel the listing needs more description
before placing a bid you can ask up to 3 public questions which will be made
available to the customer and it will become part of the public Listing
content. Dont wait – we limit the number of bids that can be made on any
single Listing. Plus, if you are the first to bid, it increases your chances
that the Customer will contact you. You bid using credits that you purchase, as
explained below. So what happens when you make a bid? As a Service Provider,
you may create a custom message to be sent to the Customer as part of your
bid. In addition, your Profile (or
certain portions designated by you) is made available to the Customer. Your Profile may include your full name,
email address, phone number, business address, business website and Content you
provide about your services. You are welcome to share as much or as little
information in your Profile as you think is necessary and appropriate, and you
may hide your email address or your phone number from your Profile that is made
available to Customers. Please remember that making a bid does not mean
that a Customer will contact you or that you will have the opportunity to
provide your services for a Listing. A Customer is under no obligation to hire
a Service Provider who bid on its Listing. eBidList
merely provides a platform that allows people seeking a service to connect with
people who provide the service.
c. The
Connection. As a Customer, you have
the opportunity to review all bids that are made for your Listing and the
Profile of the Service Provider who made the bid. If you see a Service Provider that interests you based on
their bid, you should contact them through the channels listed in their
Profile. You may contact and interview Service Providers who bid on your
Listing. We do hope that you do connect with a Service Provider and find your
service connection through ServiceNinja.com. We do not, however, require you to
contact a Service Provider that bids on your Listing nor do we require you to
hire a Service Provider from our Site, but we certainly encourage it and want
you to utilize the Site. When you no longer require the services you request in
the Listing, you agree that you will promptly remove the Listing from the
Site.
d. Credits. Service
Providers make bids by using the credits in their account that they have
pre-purchased. The cost of each credit is listed on the Site, and you agree to
pay us the fees set forth on the Site at the time you purchase the credit. Your
credits will not expire. To purchase credits, you will be required to provide
us with your credit card and relevant billing information. By providing us with
your billing information, you agree that we are authorized to immediately
charge your credit card for all fees and charges due and payable at such time,
and no additional consent is required unless otherwise required by law. We
reserve the right, at any time, to change the prices and billing methods for
credits without prior notice. Credits are non-transferable. Except as expressly
provided herein, you may request a refund of any unused credits you previously
purchased at any time, provided, however, that all refunded credits will be
subject to a refund fee of five percent (5%) of the original amount the credits
were purchased for, plus twenty five cents ($0.25). Additionally, if you bought
credits under a volume or promotional discount, any credits refunded will lose
the benefit of that discount. For example, if you bought 50 credits for $40.00,
and the price for one credit was $0.99 at the time of such purchase, we would
assume that all used credits were purchased individually for purposes of your
refund. If you only used 20 of those 50 credits, your refund would be $17.95,
or $40.00 - $19.80 (loss of volume discount) - $2.25 (refund fee).
2. USERS. A Visitor may browse the Sitein accordance with
these Terms of Use, but will not have access to certain Services without first
becoming a Member. For example, Visitors may create a Listing and browse
Listings but may not respond (Bid or Ask questions) to a Listing as a Service
Provider. Service Providers must be a Member in order to respond to a
Listing. In order to use the
Services available to a Member, you are required to set up an Account with
us. When you set up an Account,
you are required to provide your email address, zip code and (after we send you
a temporary password via email) and select a password (collectively Account
Credentials). You may not
transfer or share your Account Credentials with any third parties, and you are
solely responsible for maintaining the confidentiality of your Account
Credentials. You acknowledge and
agree that we rely on Account Credentials to know whether users accessing the
Site and using our Services are authorized to do so. If someone accesses our Site or Services using your Account
Credentials, we will rely on the Account Credentials and will assume that it is really
you who is accessing the Site and Services. You are solely responsible for any and all use of your
Account Credentials and Account and all activities that occur under or in
connection with your Account Credentials or Account. You agree to be responsible for any act or omission of any
users that access the Site or Services under your Account Credentials. You
agree not to register for more than one Account, register for an Account on
behalf of an individual other than yourself, or register for an Account on
behalf of any group or entity. You
promise that all information you provide to us is true, accurate,
current and complete, and you agree to maintain and promptly update such
information to keep it true, accurate, current and complete. If we believe or suspect that such
information is not true, accurate, current or complete, we may deny or
terminate your access to the Site or Services (or any portion thereof). Members and Visitors may be referred to
collectively as Users.
3. OWNERSHIP. You understand and acknowledge that the software,
code, proprietary methods and systems used to provide the Site or Services (Our Technology) are: (i) copyrighted
by us and/or our licensors under United States and international copyright
laws; (ii) subject to other intellectual property and proprietary rights and
laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced,
republished, posted, transmitted, sold, offered for sale, or redistributed in
any way without our prior written permission and the prior written permission
of our applicable licensors. You
must abide by all copyright notices, information, or restrictions contained in
or attached to any of Our Technology.
Nothing in these Terms of Use grants you any right to receive delivery
of a copy of Our Technology or to obtain access to Our Technology except as
generally and ordinarily permitted through the Site according to these Terms of
Use. Furthermore, nothing in these
Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a
license to Our Technology. Certain
of the names, logos, and other materials displayed on the Site or in the
Services constitute trademarks, tradenames, service marks or logos (Marks) of eBidList or other
entities. You are not authorized
to use any such Marks. Ownership
of all such Marks and the goodwill associated therewith remains with us or
those other entities. Any use of
third party software provided in connection with the Site or Services will be
governed by such third parties licenses and not by these Terms of Use.
4. Rules Regarding
Information and other Content. When you
access the Site and/or Services, you obtain access to various kinds of
information and materials, all of which we call Content. Content also
includes Listing Content and information and materials posted to the Site or
through the Services by you. You
are entirely responsible for each individual item of Content that you post,
email or otherwise make available on the Site or the Services. As between you
and us, you retain ownership and any intellectual property rights in any
copyrighted materials that are contained in Content that you post to the Site
or through the Services. You grant
us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide
license, under any and all of your copyright and other intellectual property
rights related to that Content.
You agree that any such Content or any derivative works thereof (other
than personally identifiable information about you), may be disseminated,
distributed, publicly displayed, reproduced, used, sublicensed, posted, or
published by us, and searched, displayed, printed or otherwise used or
exploited by our customers. You agree not to revise Content posted by
others, and you represent and warrant that you will not post or use any Content
in any manner that:
§
Infringes the copyright, trademark, trade secret,
or other intellectual property or proprietary right of others;
§
Violates the privacy, publicity, or other rights of
third parties, including other Members;
§
Violates any other law, statute, ordinance or
regulation, including laws regarding anti-discrimination and false advertising;
§
Is false or inaccurate or becomes false or
inaccurate at any time;
§
Is discriminatory, unlawful, tortious, obscene,
fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar,
harassing, discourteous, hateful, abusive or racially, ethnically, religiously,
sexually or otherwise offensive, as determined by us in our sole discretion;
§
Discloses or provides information protected under
any law, agreement or fiduciary relationship, including but not limited to
proprietary or confidential information of others;
§
Misrepresents your identity in any way;
§
Contains any viruses, Trojan horses, worms, time
bombs, cancelbots, or other disabling devices or other harmful component
intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information;
§
Contains any advertising or solicitation for
anything other than your Listing or service on the Site;
§
Advocates or encourages any illegal activity; or
§
Has the potential to create liability for us or
cause us to violate the requirements of or to lose the services, in whole or in
part, of our Internet service providers or other suppliers.
Though we strive to enforce these
rules with all of our Users, you may be exposed through the Site or Services to
Content that violates our policies or is otherwise offensive. You access the
Site and Services at your own risk.
We may, but are not obligated to, delete Accounts and/or remove Content
from the Site if we determine or suspect that those Accounts or Content violate
the terms of these Terms of Use or the applicable agreement with the offending
User(s). We take no responsibility for your exposure to Content on the Site or
through the Services whether it violates our content policies or not.
5. General Rules of
User Conduct. It is our
goal to make access to our Site and Services a good experience for Visitors and
all of our Members. Correspondence
between Users is for the sole purpose of connecting Customers and Service
Providers. If you receive the personal information of any other User through
the use of the Services, you may use the information solely as necessary to
connect with such User relating to your or their Listing. You may not use another Members
personal information for any other purpose. You agree not to, and represent and warrant that you will
not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site
or Services, use of the Site or Services or access to the Site or Services for
any purposes other than for which the Site or Services are being provided to
you, or do any of the following:
§
Contact other Users for any purpose other than as
set forth in this Terms of Use;
§
Harass, intimidate or otherwise engage in illegal
or offensive behavior with respect to any other User;
§
Conduct or promote any illegal activities while using
the Site or Services;
§
Upload, distribute or print anything that may be
harmful to minors;
§
Attempt to reverse engineer or jeopardize the
correct functioning of the Site, or otherwise attempt to derive the source code
of the software (including the tools, methods, processes, and infrastructure)
that enables or underlies the Site;
§
Attempt to gain access to secured portions of the
Site or Services to which you do not possess access rights;
§
Upload or transmit any form of virus, worm, Trojan
horse, or other malicious code;
§
Use the Site or Services to generate unsolicited
email advertisements or spam; allow, enable, or otherwise support the
transmission of mass unsolicited, commercial advertising or solicitations via
e-mail (spam);
§
Use the Site or Services to stalk, harass or harm
another individual;
§
Use any high volume automatic, electronic or manual
process to access, search or harvest information from the Site or Services
(including without limitation robots, spiders or scripts);
§
Interfere in any way with the proper functioning of
the Site and Services or interfere with or disrupt any servers or networks
connected to the Site or Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site or Services;
§
Use any robot, spider, other automatic device, or
manual process to extract, screen scrape, monitor, mine, or copy any static
or dynamic web page on the Site or the Content contained on any such web page
for commercial use without our prior express written permission;
§
Impersonate any person or entity, or otherwise
misrepresent your affiliation with a person or entity; or
§
Mirror or frame the Site or any Content, place
pop-up windows over its pages, or otherwise affect the display of its pages.
6. PROMOTIONAL OFFERS. We may
run promotional offers from time to time on the Site. The terms
of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in
our sole discretion, the terms of such offer and end such offer at any point.
7. MODIFICATIONS
TO TERMS. We may change the terms of
these Terms of Use from time to time on a going-forward basis. We will notify you of any such material
changes by posting notice of the changes on the Site, and/or, in our sole
discretion, by email (for Members only).
Any such modifications become effective upon the earlier to occur of (i)
your acknowledgement of such modifications; or (ii) your continued access to
and/or use of the Site or Services after we post notice of such
modifications. It is your sole
responsibility to check the Site from time to time to view any such changes to
the terms in the Terms of Use. If
you do not agree to any changes, if and when such changes may be made to the
Terms of Use, you must cease access to the Site and use of the Services. You give us permission to email you for
the purpose of notification as described in this Section.
8. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or
discontinue the Site or Services with or without notice to you. We will not be
liable to you or any third party should we exercise our right to modify or
discontinue the Site and/or Services.
If you object to any such changes, your sole recourse will be to cease
access to the Site or Services.
Continued access to the Site or Services following notice of any such
changes will indicate your acknowledgement of such changes and satisfaction
with the Site or Services as so modified. In the event that we modify or
terminate the Service in a manner that makes your Service Provider Credits
worthless, we will provide you a refund for any prepaid, but unused Credits in
accordance with the calculation set forth in 1(d).
9. PRIVACY. We know
that your privacy is important.
For this reason, we have created a privacy policy [http://www.serviceninja.com/ServiceNinja/privacy.php]
that describes our collection, use and disclosure practices regarding any
personal information that you provide to us. The security of your personal information is important to
us. While there is no such thing as "perfect security" on the
Internet, we will take reasonable steps to help ensure the safety of your
personal information. However, you understand and agree that such steps do not
guarantee that the Site and the Services are invulnerable to all security breaches
or immune from viruses, security threats or other vulnerabilities.
10. DURATION
OF ACCESS. You agree that we, in our sole discretion, may immediately terminate your
access to the Site and Services at any time, for any reason, in our sole
discretion. We are not required to
provide you a refund pursuant to Section 1(d) if we terminate these Terms of
Use for your material breach. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER
PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF
YOUR ACCOUNT OR YOUR CONTENT, INCLUDING YOUR LISTINGS. TERMINATION OF YOUR
ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY
HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH
OBLIGATION IS TO US OR A THIRD PARTY.
11. Third Party Content and Other Websites. Content
from other USERS, advertisers, and other third parties may be made available to
you through the Site AND/OR THE SERVICES.
Because WE DO NOT control such content, you agree that we ARE NOT
responsible for any such content.
WE DO NOT MAKE ANY guarantees about the accuracy, currency, suitability,
or quality of the information in such content, and we assume no responsibility
for unintended, objectionable, inaccurate, misleading, or unlawful content made
available by other users, advertisers, and other third parties OR VIOLATION OF
ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. The Site and Services may contain links to websites not
operated by US. We are not
responsible for the content, products, materials, or practices (including
privacy practices) of such websites.
You understand that by using the Site and/or Services you may be exposed
to third-party websites that you find offensive, indecent or otherwise
objectionable. We make no
warranty, representation, endorsement, or guarantee regarding, and accept no
responsibility for, the quality, content, nature or reliability of third party
websites, products or services accessible by hyperlink OR OTHERWISE from the
Site or Services. We provide these
links for your convenience only and we do not control such websites. Our inclusion of links to such websites
does not imply any endorsement of the materials on such third party websites or
any association with their operators.
It is your responsibility to review the privacy policies and terms of
use of any other website you visit.
You agree that in no event will we be liable to you in connection with
any websites, content, products, materials, or practices of any third party,
including other users.
12. DISCLAIMER
OF WARRANTIES. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE
RISK. BOTH THE SITE AND SERVICES
ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE,
ACCURACY OF DATA AND SYSTEM INTEGRATION.
WE MAKE NO WARRANTY THAT THE SITE AND/OR SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE
SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES, OR
OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THESE TERMS OF USE. WE
DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR
GUARANTEE DATA AVAILABILITY WHATSOEVER.
YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR
ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE AND SERVICES. IN ADDITION, WE ADVISE YOU TO BE
CAREFUL ABOUT WHEN AND HOW YOU MEET OTHER USERS, PARTICULARLY WHEN PROVIDING OR
RECEIVING SERVICES CONNECTED WITH A LISTING. WE DISCLAIM ANY LIABILITY ASSOCIATED WITH ANY INJURY TO
PERSON OR PROPERTY THAT OCCURS AS A RESULT OF ANY MEETING YOU SET UP WITH
ANOTHER USER.
13. LIMITATION
OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE
SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR
LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE
EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS,
EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS,
GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER
INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE
OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE
SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE
WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND OTHER USERS OF THE SITE, THIRD PARTY MERCHANTS, OR SERVICE PROVIDERS, OR
FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION
WITH ANY ACT OR OMISSION OF ANY USER TO THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE
SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND
THE SERVICES. OUR TOTAL LIABILITY
TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS
LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID
BY YOU FOR USE OF THE SITE OR SERVICES IN THE 12 MONTHS PRIOR TO THE DATE THE CLAIM
AROSE; OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do
not allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers
may not apply to you. To the
extent that we may not, as a matter of applicable law, disclaim any implied
warranty or limit liabilities, the scope and duration of such warranty and the
extent of our liability will be the minimum permitted under such applicable
law.
WE
reserve the right, but haVE no obligation, to monitor, or take any APPROPRIATE
action regarding, disputes that you may have with MEMBERS OR OTHER USERS OF THE
SITE.
Without
limiting the foregoing, under no circumstances WILL WE or our licensors be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond our reasonable control,
including, without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, floods, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals, OR
non-performance of third parties.
14. INDEMNIFICATION. You agree to
indemnify, defend and hold harmless eBidList, our parents, subsidiaries,
affiliates, officers, directors, co-branders and other partners, employees,
consultants and agents, from and against any and all third-party claims,
liabilities, damages, losses, costs, expenses, fees (including reasonable
attorneys' fees and court costs) that such parties may incur as a result of or
arising from (i) any of your Content (including your Listing(s) and Profile)
and/or information that you submit, post or transmit through the Site or
Services, (ii) your use of the Site or Services, (iii) your violation of these
Terms of Use, (iv) your violation of any rights of any other person or entity,
or (v) any viruses, trojan horses, worms, time bombs, cancelbots or other
similar harmful or deleterious programming routines input by you into the Site
or Services.
15. COPYRIGHT
VIOLATIONS. We
respect the intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
§
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
§
a description of the copyrighted work that you
claim has been infringed;
§
a description of where the material that you claim
is infringing is located on the Site or Services;
§
your address, telephone number, and email address;
§
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
§
a statement
by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on
the Site or the Services can be reached by directing an e-mail to Copyright
Agent at support@ServiceNinja.com, by
calling (650) 384-0906, sending a fax to (650) 733-0455 or by writing to:
eBidList, Inc.
440 N. Wolfe Rd.
Sunnyvale, CA 94085
Attn: Copyright Agent
16. Electronic Communications.
We can only give you the benefits of our service by
conducting business through the Internet, and therefore we need you to consent
to our giving you Communications electronically. This Section 16 informs you of
your rights when receiving Communications from us electronically. For
contractual purposes, you (i) consent to receive communications from us in an
electronic form; and (ii) agree that all terms and conditions, agreements,
notices, documents, disclosures, and other communications (Communications)
that we provide to you electronically satisfy any legal requirement that such
Communications would satisfy if it were in a writing. Your consent to receive Communications
and do business electronically, and our agreement to do so, applies to all of
your interactions and transactions with us. The
foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by
accessing this Site. You
may withdraw your consent to receive Communications electronically by
contacting us in the manner described below. If you withdraw your consent, from
that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal
validity and enforceability of any obligations or any electronic Communications
provided or business transacted between us prior to the time you withdraw your
consent. Please keep us informed
of any changes in your email or mailing address so that you continue to receive
all Communications without interruption.
17. General Terms. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship
between you and eBidList will be governed by the laws of the State of
California, without giving effect to any choice of laws principles that would
require the application of the laws of a different country or state. Any legal action, suit or proceeding
arising out of or relating to the Terms of Use, or your use of the Site or Services must be instituted exclusively in the federal
or state courts located in Santa Clara County, California and in no other
jurisdiction. You further consent
to exclusive personal jurisdiction and venue in, and agree to service of
process issued or authorized by, any such court. These Terms of Use are personal to you, and you may not
transfer, assign or delegate your right and/or duties under these Terms of Use
to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right
hereunder to seek an injunction, if necessary, to stop or prevent a breach of
your obligations hereunder. The
paragraph headings in these Terms of Use, shown in boldface type, are included
only to help make these Terms of Use easier to read and have no binding
effect. Any delay or failure by us
to exercise or enforce any right or provision of these Terms of Use will not
constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set
forth in writing, signed by us; nor will any such waiver of any breach or
default constitute a waiver of any subsequent breach or default. These Terms of
Use constitute the complete and exclusive agreement between you and us with
respect to the subject matter hereof, and supersedes all prior oral or written
understandings, communications or agreements. If for any reason a court of
competent jurisdiction finds any provision of these Terms of Use, or portion
thereof, to be unenforceable, that provision of the Terms of Use will be
enforced to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of these Terms of Use will continue in full force
and effect. 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."
18. SURVIVAL. Sections 1d, 3, 4, and 9 through 19, as well as any other limitations
on liability explicitly set forth herein and our proprietary rights in and to
the Site, Content provided by us, Our Technology and the Services, will survive
the expiration or termination of these Terms of Use for any reason.
19. NOTICE; VIOLATIONS. We may give notice to you by email, a
posting on the Site, or other reasonable means. You must give notice to us in
writing via email to support@ServiceNinja.com or as otherwise expressly
provided. Please report any violations of these Terms of Use to support@ServiceNinja.com.
LAST UPDATED. December
17, 2010.
ServiceNinja.com (eBidList, Inc) Terms of Use