General Terms and Conditions
LAST UPDATED: January 16, 2011
1. Accepting the Terms and Conditions .
Welcome to www.bidyourcase.com . Please read these terms and conditions carefully before using this website, and check them periodically for changes.
ANY USE OF THIS WEBSITE (the “ Site ”), OR THE SERVICES AVAILABLE FROM TIME TO TIME ON OR IN CONNECTION WITH THE SITE (the “ Service ”), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (the “ Agreement ”). BY USING THE SITE OR THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. THE AGREEMENT IS BETWEEN US, BIDYOURCASE.COM, INC. (“ BYC ”), AND YOU, AN INDIVIDUAL OR AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY THAT WILL BE USING THE SITE OR THE SERVICE.
We may change the terms of this Agreement or the Service at any time(s) and in our sole discretion, upon posting notice on the Site. Your continued use of the Site or Service shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site or the Service.
2. The Service .
Access and use of the Site, Service and any content made available at the Site or through the Service or that you otherwise obtain in connection with the Site or the Service (" Content "), is permitted only for your personal use as intended pursuant to the Site, and only as long as you are in compliance with all of the provisions of this Agreement.
We provide the technological platform and administrative services pursuant to the terms of this Agreement and its exhibits. WE ARE NOT ENGAGED IN THE PRACTICE OF LAW NOR THE PROVISION OF LEGAL SERVICES OF ANY KIND, NOR DO WE DIRECTLY OR INDIRECTLY RECOMMEND ANY PROVIDER OF LEGAL SERVICES (“SERVICE PROVIDER”). THIS AGREEMENT AND THE SERVICE DO NOT CONSTITUTE A CONTRACT FOR LEGAL SERVICES. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU ARE ENCOURGED NOT TO DISCLOSE ANY PRIVILEGED INFORMATION WHILST USING THE SERVICE.
ANY AGREEMENT OR ARRANGEMENT YOU ENTER INTO FOR LEGAL SERVICES OR ANY LEGAL ADVICE YOU RECEIVE ON OR THROUGH THE SITE IS AT YOUR OWN RISK. WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICE OR THE SITE, NOR ANY OTHER THIRD PARTY, AND ARE NOT ACTING AS YOUR OR ANY OTHER PARTY'S AGENT. WE CANNOT GUARANTEE THE ABILITY OF USERS OF THE SERVICE TO COMPLETE ANY TRANSACTION, NOR CAN WE GUARANTEE ANY PAYMENTS BY ANY USER OF THE SITE OR THE SERVICE.
You are responsible to verify the accuracy and legality of Content that is originated by Service Providers and actual and potential clients. We have no control over the Content provided by third parties or the transactions that take place as a result of the Service (including among others their accuracy, truthfulness , quality, safety or legal or ethical compliance).
The Service is available only if you are of sufficient age and legal capacity to undertake obligations. If you do not qualify, please do not use the Service.
Portions of the Service are accessible only to members of the Site, as selected by us in our sole discretion. The mere action of completing the various forms on the Site does not make you a member of the Site, nor guarantee the provision of any Service. You acknowledge that we are under no obligation to accept any person as a member of the Site.
Portions of the Service may be subject to other terms and conditions contained on the Site which relate to a particular service or activity conducted through or offered on the Site, in addition to this Agreement. If conflicts exist between such terms and conditions and this Agreement, the terms of this Agreement shall govern unless such terms and conditions expressly state that they govern over this Agreement.
We may for any reason or without any reason, in our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Site and Service (or any portion thereof) without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, loss, theft or unauthorized use of your personal data, our determination that you violated the letter or spirit of this Agreement, providing data that is inappropriate or offensive in our discretion, if we have reasonable grounds to suspect any of the data that you provided in connection with the Site or Service to us or others is inaccurate, not current or incomplete, or extended periods of inactivity.
You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service including imposing a fee for the use of certain services, upon posting a notice on the Site. In addition, we may, from time to time, perform maintenance upon the Site or Service resulting in interrupted service, delays or errors in the Site or Service. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
3. Rules of the Service .
· When submitting a request for legal services to a Service Provider through the Site, you acknowledge that we may pass on certain information from your request, including personal information, to Service Providers, as we deem necessary in our sole discretion, in order for a Service Provider to provide you with an offer to provide legal services. Please note that we reserve the right to reject any requests for legal services, in our sole discretion, including without limitation if in our opinion such requests are fake or if a user submitting a request has submitted one or more requests in the past without engaging a Service Provider through the Service.
· You may review but not accept an offer from a Service Provider until the end of the third business day following submission of your request. This gives interested Service Providers sufficient time to provide you with an offer to provide legal services.
· At the end of the third business day, you will have two (2) business days in which to accept an offer for legal services. If you do not accept an offer for legal services within such two (2) business day period, your request for legal services shall automatically expire.
· Once you have accepted an offer for legal services, you may submit another request for the same legal services if your chosen Service Provider has not contacted you within two (2) business days of your acceptance of an offer.
· You must inform us of a Service Provider subcontracting or transferring the provision of legal services contracted by you to another entity upon being informed or becoming aware of same.
4. Personal Data .
Some functions of this Service require you to apply to register as a member, and as part of the process you will be requested to provide certain personal information, including among others, name, address, email address and telephone number, and with respect to Service Providers, bar or license number evidencing your admission into the relevant state or federal bar, year of admission, practicing areas and corporate website details (collectively, the “ Personal Data ”). You agree to:
· Provide true, accurate, current and complete Personal Data as prompted by the Site's processes.
· Maintain and promptly update the Personal Data to keep it accurate, current and complete.
· M aintain the security and confidentiality of any usernames and passwords, and any other security or access information used by you to access the Site or Service .
· Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's Personal Data .
· Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Personal Data in connection with the Site or the Service or any other breach of security that you become aware of involving or relating to the Site.
Upon acceptance of a bid for legal services, as a user, you authorize us to release your Personal Data to the Service Provider who you have chosen to represent you.
We assume that any communications and other activities through use of your Personal Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Personal Data. We will not be liable for your losses caused by any unauthorized use of your Personal Data.
You declare that by providing your Personal Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail , communications containing content of a commercial nature relating to the Site, Service and related services, including among others notifications of requests for legal services, monthly newsletters, satisfaction surveys and regular requests for updates on your cases . Furthermore, if you submit a request for legal services for a personal injury matter, you agree to receive information from us regarding our Financeyourcase service.
You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that do not wish to receive such commercial content anymore.
4. General User Conduct .
In connection with your use of the Site, Service and Content (including without limitation any information, images, feedback, material or ideas that you provide to us or post on or through the Service or the Site (each, a " Submission ")), you agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) to review and understand any agreement with other users of the Service well in advance of any transaction with such users, and comply with the terms of such agreements unless the transaction is prohibited by law, (iii) to obtain any licenses and certifications applicable to you or your actual or proposed activities, and (iv) not, nor allow or facilitate a third party, to violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Service .
Without limiting the foregoing you may:
· Not display, distribute or otherwise u se any Content (excluding Content provided entirely by you), except as reasonably required for the intended purposes of the Service and Site-related communications.
· Not contact another user of the Site in order to enter into a transaction outside of the Site if the introduction between you and the other party was made through the Service for purposes of such transaction.
· Not use any offers provided by Service Providers or any other information obtained from the Site or through the Service for any other purpose except to personally consider and obtain legal services through the Service (eg. you may not use quotes received from Service Providers through the Service to negotiate better terms with service providers who are not members of the Site) . In addition, offers to provide legal services by Service Providers are final and may not be used to negotiate better terms with other Service Providers on the Site.
· Not use the Site, the Service, any Content (including without limitation any programming, images, photographs, graphics ), or the communication systems provided by the Site, to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise ).
· Not interfere with the access, use or enjoyment of this Site or the Service by others (including without limitation causing greater demand on the Service than is deemed by us reasonable); harass or defame others; or promote hatred towards any group of people.
· Not h arvest or otherwise collect non-public information about another user obtained through the Site, the Service or the communication systems provided by the Site (including without limitation email addresses), without the prior written consent of such user.
· Not add a Site user to your email or physical mailing list without their prior written consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet.
· Not alter, modify, delete, forge, frame, c opy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Site, the Service, any Content ( including without limitation trademarks, service marks and logos contained in the Site (" Marks ") but excluding Content provide entirely by you ). However, you may copy Content that is reasonably required for the intended purposes of the Site.
· Not a ccess or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Site or any of the Site's security and traffic management devices, software or routines.
· Not d ecompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Service except if and to the extent permitted by applicable law.
· Not u se any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Site, make Submissions, monitor or scrap information from this Site or the Service, or bypass any of our robot exclusion request (either on headers or anywhere else on the Site).
· Not use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us.
· Not create or provide any other means through which the Site may be accessed, for example, through server emulators, whether for profit or not.
We cannot and do not assure that other users of the Site are or will be complying with this Agreement, and, as between us, you assume all risk of harm or injury resulting from any such lack of compliance.
5. Your Submissions .
(1)You warrant and represent that (i) all of your Submissions (including without limitation offers to provide and requests for legal services) are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations, and (ii) if you are an entity or organization other than an individual, you are the authorized representative of the entity or organization, you have the legal right and authority to submit and display the Submission.
(2) You agree that your Submissions are intended for public display on the Site. You hereby grant us (and our successors and affiliates) a worldwide, non-exclusive, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publicly display and modify your Submissions (in each case directly or through subcontractors) for the purposes of providing the Service through the Site, and for promoting and redistributing part or all of the Site, in any media formats and through any media channels including without limitations in future modifications of the Service or advertising and promotional materials relating thereto, in each case without compensation, liability or notice to you.
(4) You are entirely responsible for all your Submissions and the consequences of posting or publishing them on the Site.
(5) We reserve the right to decide whether, where, and how a Submission is listed on the Site. Further. although we have no obligation to review any Submissions, we reserve the right, in our sole discretion, to monitor, edit and partially or fully remove any Submission without prior notice. If we have questions about your Submissions, we may contact you for further information.
6. User Reviews
The Site enables you to write reviews and rate the performance of Service Providers for publication on the Site. You agree that Section 5 above shall apply to all reviews and ratings written by you on the Site. In addition, you may not write complimentary or favorable reviews in exchange for consideration. Please respect other users when making Submissions noting that your Submissions will be publicly available. Do not reveal information that you do not want to make public.
Please note that you may be exposed to Submissions by others (a) with which you may disagree, (b) that you may find offensive, indecent, or objectionable, or (c) are inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such Submissions. You should be skeptical about information provided by others, and you acknowledge that the use of any Submissions of others is at your own risk. Never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained from the Site may not be reliable, and you should not take any action based solely or largely on information you cannot confirm.
We are not responsible for the any Submissions by users, nor for any actions taken or avoided based on such Submissions. You waive any legal or equitable rights or remedies you have or may have against us with respect to other users' Submissions.
7. Bidyourcase Ratings .
We may provide ratings on the Site relating to the profiles of Service Providers. The ratings are based on a mathematical model that considers the information provided by a Service Provider to the Service – they are not based on our opinion nor are they based on any further checks or research conducted with respect to a Service Provider, including performance in particular legal matters. Please note that this rating system is not intended to be the only consideration when choosing a Service Provider, it is merely a tool to assist you in evaluating the profile of a Service Provider.
8. Our Feeds .
We may from time to time offer our own RSS (" really simple syndication ") or other feeds or podcasts as a free service to users (the " Feed Service "). Your use of the Feed Service is subject to the following terms and conditions:
· You may not charge a fee or otherwise require a user to purchase a product or service in exchange for receiving the Feed Service.
· Use is limited to platforms in which a functional link is made available allowing immediate display of the full article/post on joost.com, as specified in the feed.
· Use is accompanied by proper attribution to us as the source.
By accessing the Feed Service, you agree that you will not use the service in contravention of the above conditions. We reserve the right to discontinue the Feed Service at any time, and the right to require that you immediately cease any specific use of the Feed Service or to prevent you from using the service.
10. Proprietary Rights .
You acknowledge that the Content, including without limitation Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content, the Site and the Service not expressly granted herein are reserved.
We make no claim of ownership as to the trademarks of any vendor listed on this Site, or with respect to any publisher or publication mentioned on this Site, including any goodwill that arises from the use of those trademarks.
11. Release .
If you have a dispute with one or more users (including without limitation Service Providers and clients), you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, 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."
12. Links to Other Websites .
13. Links to this Site .
Subject to the terms of this Agreement, including without limitation Section 4, and as long as this Agreement is not terminated, we grant to you, a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to the Site's homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal . You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorses or sponsors your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to our benefit.
14. Disclaimers of all Warranties .
THE SITE AND THE SERVICE ARE PROVIDED 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 THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE POSTING OF ANY CONTENT BY USERS OR OTHERS DOES NOT IMPLY ENDORSEMENT BY US OF THE SAME. WE ARE UNDER NO OBLIGATION TO PROVIDE A REQUEST FOR LEGAL SERVICES FROM A USER TO A SERVICE PROVIDER, NOR ARE WE REQUIRED TO PROVIDE A QUOTE FROM A SERVICE PROVIDER TO ANY USER. FURTHERMORE, A USER WHO RECEIVES A QUOTE IS NOT OBLIGATED TO ACCEPT ANY OF ITS TERMS.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THIS SITE OR THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE ; (II) WHETHER YOUR USE OF THIS SITE, THE SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE OF SUCH RESULTS OF CONSEQUENCES, OR IN CONNECITON WITH SUBMISSIONS (INCLUDING WITHOUT LIMITATION THAT RESPONSES YOU RECEIVE, IF ANY, WILL MEET YOUR REQUIREMENTS OR BE THE BEST AVAILABLE OFFERS, OR THAT A USER WILL ACT IN ACCORDANCE WITH THIS AGREEMENT OR ANY OTHER AGREEMENT OR RULES OF PROFESSIONAL CONDUCT ). YOUR USE OF THIS SITE, THE SERVICE AND CONTENT, IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
Without limiting the foregoing, you hereby assume all risk of harm or injury resulting from any such lack of compliance by users of the Site with this Agreement.
15. Limitation of Liability .
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICE), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE, INCULDING WITHOUT LIMITATION SUBMISSIONS, OR (IV) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER, CLIENT OR OTHER THIRD PARTY (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE, AND INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE LEVEL OF SERVICE PROVIDED BY A SERVICE PROVIDER OR NON PAYMENT BY A CLIENT); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you.
16. Limitation of Claims .
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. Indemnification .
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION our actions or omissions while providing THE services (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART) ; (II) YOUR SUBMISSIONS; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU, OR OF ANY ARRANGEMENT BETWEEN A CLIENT AND SERVICE PROVIDER; (IV) THE ACT OR OMISSION OF A SERVICE PROVIDER OR CLIENT, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; AND (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION FILES, VIRUSES, WORMS OR TROJAN HORSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
18. Governing Law and Exclusive Courts
This Agreement will be governed by laws of the State of Delaware without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in Delaware , USA , except that temporary relief to enjoin infringement of intellectual property rights may be sough in any court.
19. Infringement Notices and Takedown .
If you believe that any material contained on this Site infringes your copyright, you should notify this Site's Designated Agent who is:
Name of Designated Agent: Edo Ohayon
Full Address of Designated Agent: 295 Madison Avenue, Suite # 1128 , NY , NY 10017 , USA 295 Madison Avenue, Suite # 1128 , NY , NY 10017 , USA
295 Madison Avenue, Suite # 1128 , NY , NY 10017 , USA
Telephone Number of Designated Agent: 212.300.3851
Email Address of Designated Agent: firstname.lastname@example.org
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement . Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
20. Miscellaneous .
You agree to pay all costs and expenses (including reasonable attorneys' fees) that we may incur in order to (a) collect any amounts that a you owe under this Agreement, or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between users of the Site; in each case in addition to all other remedies available in law, equity or otherwise. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Service. This Agreement and our rules and policies in this Site comprise the entire agreement between you and us, states our and our suppliers' entire liability and your exclusive remedy with respect to the Site and Service, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
Copyright © 2011, BidYourCase.com, Inc. All rights reserved.