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Terms of Use

Terms and Conditions of Use
The BidLizard World Wide Web site (the "Site") is a copyrighted work belonging to Bantley Design and BidLizard. BidLizard grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.

License
Subject to the terms and conditions of this agreement, BidLizard grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the BidLizard server. You are not granted any right to use BidLizard trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of BidLizard.

Modification
BidLizard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that BidLizard will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Secured Areas
Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to use of the auction, programming codes or methods, downloads of reports, file uploads, or installation and user documentation, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.

Mailings
By submitting your name, company, e-mail address, classification, and any other personal information to us through the BidLizard website, you hereby grant BidLizard a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about BidLizard products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.

Accuracy of Content
BIDLIZARD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE. BIDLIZARD MAY MAKE CHANGES TO THE INFORMATION CONTAINED HEREIN, INCLUDING TO THE AUCTION USE PRICES, ACCESS POINTS AND SERVICE AVAILABILITY DESCRIBED IN THE SITE, AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED, INCLUDING BUT NOT LIMITED TO INFORMATION ABOUT BIDLIZARD PRODUCTS, PRICES, ACCESS POINTS AND SERVICE AVAILABILITY, MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. CONTACT BIDLIZARD DIRECTLY AT THE EMAIL ADDRESS BELOW FOR UPDATED INFORMATION BEFORE RELYING ON ANY INFORMATION PROVIDED AT THIS SITE. IN NO EVENT SHALL BIDLIZARD OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACT OR OMISSION BY YOU IN RELIANCE UPON INFORMATION PROVIDED AT THIS SITE. BIDLIZARD WILL NOT BE HELD LIABLE FOR THE COLLECTION OF FUNDS FROM PARTICIPANTS TO THE SITE, OR FOR THE DISTRIBUTION OF ITEMS WON ON THIS SITE.

Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIDLIZARD ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS SITE OR OTHER DOCUMENTS THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING WITHOUT LIMITATION THE "BIDLIZARD INTERNET ROAMING REVENUE/PROFIT MODEL." Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

Limitation of Liability
IN NO EVENT SHALL BIDLIZARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BIDLIZARD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. BIDLIZARD’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright
The Site and the Materials are copyrighted works of BidLizard and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of BidLizard except as set forth in these terms and conditions.

Trademarks
BidLizard, RoamServer, NetServer, BidLizardConnect, iOQ, BidLizard Managed Access, BidLizard Corporate Access, Airport Access and the BidLizard logo are trademarks (and in some cases registered trademarks) of BidLizard Inc. All rights reserved. All other trademarks are the property of their respective owners.

Amendment
BidLizard may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and therefore you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

General
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Santa Clara County, California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.

You may contact BidLizard at Bantley Design, PO Box 1043, San Ramon, CA 94583, United States, by phone at +1 925.803.5094 or by emailing legal@BidLizard.com.

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