| eCCTVbids.com TERMS AND CONDITIONS
Below are the terms and conditions under which you (as a Purchaser or Supplier) may have access to our online system to respond to requests for quotes, proposals and information. By accessing our system, you agree to the following terms and conditions.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms will automatically be effective ten (10) days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by you and us (eCCTVbids.com, hereinafter referred to as "eCCTVbids")
1. Eligibility. The eCCTVbids system is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our system is not available to minors (under 21 years of age) or to those suspended from its use. If you do not qualify, please do not use our system. Furthermore, you may not assign or transfer your account or user identification with us to any other party.
2. Fees.
Free Bids: This service is free to Purchasing Agents and Buyers of industrial CCTV products. Therefore, eCCTVbids will not charge any fees whatsoever for these bid solicitations submitted through the eCCTVbids system.
Subscription Fee Bids: eCCTVbids has structured three distinct levels for fees which are assessed to Suppliers of industrial CCTV products responding to bid solicitations posted on the eCCTVbids system. By registering with eCCTVbids, you agree to pay eCCTVbids a fee equal to the membership level selected during the registration process.
Level 1 - First 45 days of free access or until such time as the Supplier has been selected as the winning bidder, at which time the Supplier must purchase a membership to continue accessing the eCCTVbids system. This allows access to specific bid solicitations placed on the eCCTVbids system requesting only particular *brand name products. This level of membership is limited to a listing of five (5) specific Supplier *brand names chosen by the Supplier during the registration process.
Level 2 - Silver Membership allows access to specific bid solicitations placed on the eCCTVbids system requesting only particular *brand name products. This level of membership is limited to a listing of five (5) specific Supplier *brand names chosen by the Supplier during the registration process.
Level 3 - Gold Membership allows full access to all bid solicitations placed on the eCCTVbids system. The Gold Membership has no limits to the number of Supplier *brand names chosen by the Supplier during the registration process. This level also includes the posting of your company information in a separate area that is directly accessible to Purchasing Agents and Buyers. The Purchasing Agents and Buyers may contact you directly with specific issues or requests for products.
All membership fees paid by registered Suppliers for the eCCTVbids notification service are final and non-refundable. We may, in our sole discretion, change our fee policies, the fees we charge, and some or all of our system or services at any time. All fees must be paid in U.S. Dollars.
3. Communication System Only. You acknowledge that our site merely provides the communication system and means to allow you to make bids and quotations and sell products and services. We are not involved in the actual transaction between Suppliers and Buyers. As a result, we do not verify the identity of each Buyer, the truth or accuracy of statements made, or the ability of Buyers to buy products or services. Please use caution, common sense, and practice safe trading when using our site. We do not ensure that a Buyer will actually complete a transaction. You may wish to take steps to confirm identities and provide additional security to the transaction.
4. Release. Disputes between Buyers and Suppliers will be settled between them without our involvement, and we will have no liability whatsoever arising from communications or transactions made. Because we are not involved in the actual transaction between Buyers and Suppliers, in the event of a dispute, you release eCCTVbids ("us"), and our officers, directors, agents, subsidiaries and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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."
5. Quoting and Selling. As a Supplier, you must be legally and physically able to sell the item(s) for which you make quotations on our site. You must confirm that your item matches the item sought by the Buyer and all terms of sale on the request for quotations made by each Buyer. Once your bid has been accepted, you must deliver the item in accordance with the terms of the request for quotations and bid.
6. Fraud or Manipulation. We may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site. Neither Buyers, nor Suppliers may manipulate the price of any item nor interfere with other user's communications or transactions.
7. Accuracy of Information and Restrictions. You are solely responsible for all information you provide to us or other users on our site or in connection with the registration, request for quotation, bidding, or sale process ("Your Information"). We act as a passive conduit for the online distribution and publication of Your Information. You agree that Your Information and any items sold through this site: (a) will not be false, inaccurate or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) will not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers. Furthermore, you may not consummate any transaction that was initiated using our service that, by paying to us the transaction fee, could cause us to violate any applicable law, statute, ordinance or regulation.
8. Access and Interference. The eCCTVbids site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our site or any transaction being communicated or conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our site without the prior expressed written permission of eCCTVbids. Furthermore, you may not provide access to, or information from, the eCCTVbids site to any other party without the prior expressed written permission of eCCTVbids.
9. Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to our site and system and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
10. Warranty. WE PROVIDE OUR SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Liability Limit. IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
12. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. Legal Compliance. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your requesting quotations, submitting quotations, bidding, listing, purchase, solicitation of offers to purchase, and sale of items.
14. No Agency. You and eCCTVbids are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Notices. Except as explicitly stated otherwise, any notices will be given by postal mail to eCCTVbids, 368 Mimosa Drive, Pottsboro, TX 75076 (in the case of eCCTVbids) or to the e-mail address you provide to eCCTVbids during the registration process (in your case). Notice will be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to eCCTVbids during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.
16. General. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by eCCTVbids, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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