|TurboBid Service Agreement
1. What the Contract Covers.
This is a contract between you and TurboBid,
Inc (TurboBid). Sometimes TurboBid is referred to as "we,"
"us" or "our". This contract applies to any
TurboBid service, including updates, that you use while this contract
is in force. All of the software or services are referred to in
this contract as the "service."
Please note that we do not provide
warranties for the service. The contract also limits our
liability. These terms are in sections 12 and 13 and we
ask you to read them carefully.
2. When You May Use the Service.
You may start using the service as soon
as you have finished the sign-up process. No withdrawal right
or other "cooling off" period applies to the service and you waive any
applicable "cooling off" period, except if the law requires a "cooling
off" period despite your waiver and even when a service starts right
3. How You May Use the Service.
In using the service, you will:
- obey the law;
- obey any codes of conduct or other
notices we provide;
- keep your service account password
- promptly notify us if you learn of
a security breach related to the service.
4. How You May Not Use the Service.
In using the service, you may not:
- use the service in a way that harms
us or our affiliates, resellers, distributors, and/or vendors (collectively,
the "TurboBid parties"), or any customer of a TurboBid party;
- use any portion of the service as
a destination linked from any unsolicited bulk messages or unsolicited
commercial messages ("spam");
- use any unauthorized third party software
or service to access the TurboBid network;
- use any automated process or service
to access and/or use the service (such as a BOT, a spider, periodic
caching of information stored by TurboBid, or "meta-searching");
- use any unauthorized means to modify
or reroute, or attempt to modify or reroute, the service;
- damage, disable, overburden, or impair
the service (or the network(s) connected to the service) or interfere
with anyone’s use of the service; or
- resell or redistribute the service,
or any part of the service, or any information provided by the service.
5. You Are Responsible For Your
Only you may use your service account.
You are responsible for all activity that takes place with your service
account. You may not authorize any third party to access and/or
use the service on your behalf.
6. If You Pay TurboBid.
TurboBid.com contains pay options
that vendors and/or buyers can optionally choose to use and enter into
contracts with Turbobid Inc. Section 6 pertains ONLY to those vendors
and/or buyers that wish to purchase those options.
This section 6 applies in all situations
in which you directly pay us. If you pay a company other than
us for the service, then the charges and billing terms are as stated
by the other company. Even if you do not pay for the service, you may
still incur charges incidental to using the service; for example, charges
for Internet access, mobile text messaging, or other data transmission.
When you create a billing account, you
enter your payment method. You must be authorized to use the payment
method. You authorize us to charge you for the service using your
payment method and for any paid feature of the service for which
you choose to sign-up or use while this contract is in force.
You will pay service charges in advance. We may charge you a different
amount than what you approved. If it is a greater amount, we will
tell you the amount and the date of the charge at least 10 days before
we make the charge. Also, we may charge you up to the amount you
have approved, and notify you in advance of the difference. We
may bill you for more than one of your prior billing periods together.
If we informed you that the service will be provided indefinitely or
automatically renewed, we may automatically renew your service and charge
you for any renewal term.
6.3 Updates to Your Billing Account.
If you have a billing account: You must
keep all information in your billing account current, including your
billing address and the expiration date of your credit card. You
can access your billing account at
http://www.turbobid.com, where you can make changes to your billing
account. You may change your payment method at any time.
If you tell us to stop using your payment method, we may cancel your
service. Your notice to us will not affect charges we
submit to your billing account before we reasonably could act on your
6.4 Trial Period Offers.
You may have received a limited time
of free service or some other trial period offer. Unless we notify
you otherwise, if you are participating in any trial period offer, you
must cancel the service by the end of the trial period to avoid incurring
charges. If you do not cancel your service, and we have informed
you that the service will automatically be converted into a paid subscription
at the end of the trial period, then you authorize us to charge your
payment method for the service.
6.5 Prices and Price Increases.
The price for the service excludes all
taxes and phone charges, unless stated otherwise. You are responsible
for any taxes that you are obligated to pay or that we may collect from
you. You are responsible for all other charges (for example, phone
charges). Currency exchange settlements are based on your agreement
with your payment method provider. We may change the price of
the service from time to time, but we will tell you before we do.
- If there is a specific time length
and price for your service offer, then that price will remain in force
for that time. After the offer period ends, your use of the
service will be charged at the new price.
- If your service is on a period basis
(for example, monthly), with no specific time length, then we will
tell you the date of any price change. That date will be not
less than 30 days after we tell you of the price change.
If you do not agree to these changes,
then you must cancel and stop using the service before the changes take
place. If you cancel your service, then your service ends at the
end of your current service time length or, if we bill your account
on a period basis, at the end of the period in which you cancelled.
6.6 Refund Policies.
Unless otherwise provided by law, all
charges are non-refundable unless stated otherwise and the costs of
any returns will be at your expense.
6.7 Online Statement; Errors.
We will provide you with an online billing
statement. This is the only billing statement that we provide.
Go to http://www.turbobid.com
to view, print or request a paper copy of this statement. If you
request a paper copy, we may charge you a retrieval fee. We will
only provide paper copies for the past 120 days. If we make an
error on your bill, we will correct it promptly after you tell us and
we investigate the charge. You must tell us within 120 days after
an error first appears on your bill. You release us from
all liability and claims of loss resulting from any error that you do
not report to us within 120 days after the error first appears on your
online statement. If you do not tell us within this time, we
will not be required to correct the error. We can correct billing
errors at any time.
6.8 Canceling the service.
You may cancel the service at any time,
with or without cause. Go to
http://www.turbobid.com to obtain information on canceling your
service. Certain service offers may require cancellation charges,
and you will pay all cancellation charges as specified in the materials
describing the offer. Cancellation of the service by you will
not alter your obligation to pay all charges made to your billing account.
6.9 Late Payments.
Except to the extent prohibited by law,
we may assess a late charge if you do not pay on time. You must
pay these late charges when we bill you for them. The late charge will
be the lesser of 1% of the unpaid amount each month or the maximum rate
that is permitted by law. We may use a third party to collect
past due amounts. You must pay for all reasonable costs we incur
to collect any past due amounts. These costs may include reasonable
attorneys’ fees and other legal fees and costs. We may suspend
or cancel your service if you fail to pay in full on time.
6.10 Internet Access service.
If the service does not include Internet
access, then you are responsible for paying the fees charged by your
Internet access provider. Those fees are in addition to the fees you
pay us for the service. The rest of this section applies only
if your service includes Internet access.
If you use a dial-up modem, you
are responsible for determining if the numbers you select will incur
toll charges. To do this you must contact your telephone company
first. Tell them the numbers you consider using. Your telephone
company can tell you if using those numbers will trigger additional
charges. Ask them if there are other telephone service charges
you will incur using those numbers.
6.11 Payments to You.
Your right to any payment due you under
a service is conditioned upon you promptly providing us with all information
we require to properly make the payment (for example, bank account information
for receiving the payment). We will use reasonable efforts to
tell you what information we require in advance of your use of the applicable
service. Even if we do not tell you in advance, you must provide
us the information we request before your right to receive the payment
accrues. You are responsible for the accuracy of the information you
provide and any taxes you may incur as a result of receiving a payment.
You must also comply with any other conditions we place on your right
to any payment. If you receive a payment that was not
due to you, we may reverse or seek return of the payment and you agree
to cooperate with us in our efforts.
7. Your Materials.
You may be able to submit materials for
use in connection with the service. Except for material that we
license to you, we do not claim ownership of the materials you post
or otherwise provide to us related to the service (called a "submission").
However, by posting or otherwise providing your submission, you are
granting to the public free permission to:
- use, copy, distribute, display, publish
and modify your submission, each in connection with the service;
- publish your name in connection with
your submission; and
- grant these permissions to other persons.
This section only applies to legally
permissible content and only to the extent that use and publishing of
the legally permissible content does not breach the law. We will
not pay you for your submission. We may refuse to publish, and may remove
your submission from the service at any time. For every submission
you make, you must have all rights necessary for you to grant the permissions
in this section.
We consider your use of the service to
be private. However, we may access or disclose information about you,
your account and/or the content of your communications, in order to:
(1) comply with the law or legal process served on us; (2) enforce and
investigate potential violations of this contract; including use of
this service to participate in, or facilitate, activities that violate
the law; or (3) protect the rights, property, or safety of TurboBid,
its employees, its customers or the public. You consent to the
access and disclosures outlined in this section.
We may use technology or other means
to protect the service, protect our customers, or stop you from breaching
this contract. These means may include, for example, filtering
to stop spam or increase security. These means may hinder or break
your use of the service.
If you receive software from us as part
of the service, your use of that software is under the terms of the
license that is presented to you for acceptance for that software.
If there is no license presented to you, then we grant you the right
to use the software only for the authorized use of the service on that
number of computers stated in your service offer. We reserve all
other rights to the software.
We may automatically check your version
of the software. We may automatically download upgrades to the
software to your computer to update, enhance and further develop the
Unless we notify you otherwise, your
license to use the software will end on the date your service ends,
and you must promptly uninstall the software. We may disable the
software after the date the service ends.
You will not disassemble, decompile,
or reverse engineer any software included in the service, except and
only to the extent that the law expressly permits this activity.
The software is subject to United States
export laws and regulations. You must comply with all domestic
and international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end use.
10. Requirements For Placing Advertisements.
You may be able to place advertisements
in or through the service. We have no obligation to display any
part of the advertising content. With respect to any advertising
content you provide, you promise that:
- all advertising content is accurate,
complete and current;
- you have all necessary rights, power
and authority to publish the advertising content;
the advertising content, and any web
site listed or linked to from the advertising content:
- complies with all applicable laws
- does not infringe, misappropriate
or otherwise violate any copyright, patent, trademark, service mark,
trade secret or other intellectual property right of any third party;
- does not breach the rights of any
person or entity, including rights of publicity or privacy, and is
not defamatory; and
- does not result in consumer fraud
(including being false or misleading), product liability, tort, breach
of contract, injury, damage or harm of any kind to any person or entity.
- you possess documents substantiating
all claims, express and implied, contained within the advertising
11. How We May Change the Contract.
If we change this contract, then we will
tell you at least 30 days before the change takes place. If you
do not agree to these changes, then you must cancel and stop using the
service before the change takes place. If you do not stop using
the service, then your use of the service will continue under the changed
12. WE MAKE NO WARRANTY.
We provide the service "as-is,"
"with all faults" and "as available." We do not guarantee the
accuracy or timeliness of information available from the service.
The TurboBid parties give no express warranties, guarantees or conditions.
You may have additional consumer rights under your local laws that this
contract cannot change. We exclude any implied warranties including
those of merchantability, fitness for a particular purpose, workmanlike
effort and non-infringement.
13. LIABILITY LIMITATION.
You can recover from the TurboBid
parties only direct damages up to an amount equal to your service fee
for one month. You cannot recover any other damages, including
consequential, lost profits, special, indirect, incidental or punitive
This limitation applies to anything related
- the service,
- content (including code) on third
party Internet sites, third party programs or third party conduct,
- viruses or other disabling features
that affect your access to or use of the service,
- incompatibility between the service
and other services, software and hardware,
- delays or failures you may have in
initiating, conducting or completing any transmissions or transactions
in connection with the service in an accurate or timely manner, and
- claims for breach of contract, breach
of warranty, guarantee or condition, strict liability, negligence,
or other tort.
It also applies even if:
- this remedy does not fully compensate
you for any losses, or fails of its essential purpose; or
- TurboBid knew or should have known
about the possibility of the damages.
Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the
above limitations or exclusions may not apply to you. They also
may not apply to you because your province or country may not allow
the exclusion or limitation of incidental, consequential or other damages.
14. Changes to the Service; If
We Cancel the Service.
We may change the service or
delete features at any time and for any reason. We may
cancel or suspend your service at any time. Our cancellation or
suspension may be without cause and/or without notice. Upon service
cancellation, your right to use the service stops right away.
Once the service is cancelled or suspended, any data you have
stored on the service may not be retrieved later. Our
cancellation of the service will not alter your obligation to pay all
charges made to your billing account. If we cancel the service
in its entirety without cause, then we will refund to you on a pro-rata
basis the amount of payments that you have made corresponding to the
portion of your service remaining right before the cancellation.
15. Interpreting the Contract.
All parts of this contract apply
to the maximum extent permitted by law. A court may hold
that we cannot enforce a part of this contract as written. If
this happens, then you and we will replace that part with terms that
most closely match the intent of the part that we cannot enforce.
The rest of this contract will not change. This is the entire
contract between you and us regarding your use of the service.
It supersedes any prior contract or statements regarding your use of
the service. If you have confidentiality obligations related to
the service, those obligations remain in force (for example, you may
have been a beta tester). The section titles in the contract do
not limit the other terms of this contract.
We may assign this contract, in whole
or in part, at any time with or without notice to you. You may
not assign this contract, or any part of it, to any other person.
Any attempt by you to do so is void. You may not transfer to anyone
else, either temporarily or permanently, any rights to use the service
or any part of the service.
17. No Third Party Beneficiaries.
This contract is solely for your and
our benefit. It is not for the benefit of any other person, except
for permitted successors and assigns under this contract.
18. Claim Must Be Filed Within
Any claim related to this contract
or the service may not be brought unless brought within one year.
The one-year period begins on the date when the claim first could be
filed. If it is not filed, then that claim is permanently barred.
This applies to you and your successors. It also applies to us
and our successors and assigns.
19. Your Notices to Us.
You may notify us as stated in the customer
support or "help" area for the service. We do not accept e-mail
20. Notices We Send You;
Consent Regarding Electronic Information.
This contract is in electronic form.
We have promised to send you certain information in connection with
the service and have the right to send you certain additional information.
There may be other information regarding the service that the law requires
us to send you. We may send you this information in electronic
form. You have the right to withdraw this consent, but if you
do, we may cancel your service. We may provide required
information to you:
- by e-mail at the e-mail address
you specified when you signed up for your service;
- by access to a TurboBid web
site that will be designated in an e-mail notice sent to you at the
time the information is available; or
- by access to a TurboBid web
site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail
will be deemed given and received on the transmission date of the e-mail.
As long as you can access and use the service, you have the necessary
software and hardware to receive these notices. If you do not
consent to receive any notices electronically, you must stop using the
21. Contracting Party, Choice of
Law and Location for Resolving Disputes.
This contract is between
you and the TurboBid company for your country or region. In this section,
find the country or region where you live (if you are signing up for
the service as an individual person) or your business is located (if
you are signing up for services for your business) in the subsections
below, and in that subsection you will find the TurboBid company that
is contracting with you and the choice of law and the location for resolving
disputes with the TurboBid company.
- North and South America
Region. If you live or your business is headquartered
in Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile,
Columbia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador,
Grenada, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay,
Peru, Puerto Rico, United States, Uruguay, or Venezuela,
then you are contracting with TurboBid Inc, 79 Talbott Drive, Bowling
Green, KY 42103, United States, and Kentucky state law governs the
interpretation of this contract and applies to claims for breach of
it, regardless of conflict of laws principles. All other claims,
including claims regarding consumer protection laws, unfair competition
laws, and in tort, will be subject to the laws of your state of residence
in the United States, or if you live outside the United States, the
laws of the country to which we direct your service. You and
we irrevocably consent to the exclusive jurisdiction and venue of
the state or federal courts in Warren County, Kentucky, USA for all
disputes arising out of or relating to this contract.
Notices and Procedure for Making
Claims of Copyright Infringement
Under Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement should be sent
to service provider's designated agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Copyright and Trademark Notices
All contents of the service are Copyright
© 2003-2013 TurboBid, Inc and/or its suppliers, 79 Talbott Drive, Bowling Green,
Kentucky 42103 U.S.A. All rights reserved. Copyright and other intellectual
property laws and treaties protect any software or content provided as
part of the service. We or our suppliers own the title, copyright,
and other intellectual property rights in the software or content. TurboBid,
VendorSearch, TurboBid logo, and/or other TurboBid products and services
referenced herein may also be either trademarks or registered trademarks
of TurboBid in the United States and/or other countries. The names of
actual companies and products mentioned herein may be the trademarks of
their respective owners. The example companies, organizations, products,
domain names, e-mail addresses, logos, people, places and events depicted
herein are fictitious. No association with any real company, organization,
product, domain name, e-mail address, logo, person, places or events is
intended or should be inferred. Any rights not expressly granted herein
TurboBid is not a broker/dealer or registered
investment advisor under United States federal securities law or securities
laws of other jurisdictions, and does not advise individuals as to the
advisability of investing in, purchasing or selling securities or other
financial products or services. Nothing contained in the service constitute
an offer or solicitation to buy or sell any security. TurboBid does not
endorse or recommend any particular financial products or services. Nothing
contained in the service is intended to constitute professional advice,
including but not limited to, investment or tax advice.
Please respect the rights of artists and
creators. Content such as music, photos and video may be protected
by copyright. People appearing in content may have a right to control
use of their image. You may not share other people’s content unless
you own the rights or have permission from the owner.
Customer support is offered for the service
via the Online Help Center, unless the materials we publish in connection
with a particular service specify that it includes other methods of customer