DirectBidz.com - Free Online Auction for everyone

General Terms and Conditions

This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.

Introduction
Welcome to DirectBidz.com. By using the services available from the domain and sub-domains of www.DirectBidz.com (the "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with DirectBidz.com and the general principles for the web sites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Site.

Before you may become a member of DirectBidz.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other DirectBidz.com branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites. This Agreement is effective on October 1st, 2007 for current users, and upon acceptance for new users.

Using DirectBidz.com, while using the Site, you will not:
* post content or items in an inappropriate category or areas on the Site;
* violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
* use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
* fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
* fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
* manipulate the price of any item or interfere with other user's listings;
* circumvent or manipulate our fee structure, the billing process, or fees owed to DirectBidz.com;
* post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
* take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to DirectBidz.com);
* transfer your DirectBidz.com account (including feedback) and User ID to another party without our consent;
* distribute or post spam, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm DirectBidz.com, or the interests or property of DirectBidz.com users;
* copy, modify, or distribute content from the Site and DirectBidz.com's copyrights and trademarks; or
* harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing DirectBidz.com
DirectBidz.com and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Fees and Services
Joining DirectBidz.com and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability
You will not hold DirectBidz.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release
If you have a dispute with one or more users, 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."

Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to DirectBidz.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not:
* take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
* copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of DirectBidz.com and the appropriate third party, as applicable;
* interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
* bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the DirectBidz.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the DirectBidz.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served on DirectBidz.com's national registered agent (in the case of DirectBidz.com) or to the email address you provide to DirectBidz.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes
If a dispute arises between you and DirectBidz.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and DirectBidz.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to http://directbidz.com/contact.asp. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

* Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State as they apply to agreements entered into and to be performed entirely within, without regard to conflict of law provisions. You agree that any claim or dispute you may have against DirectBidz.com must be resolved by a court except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts for the purpose of litigating all such claims or disputes.

* Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against DirectBidz.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, DirectBidz.com may recover attorneys' fees and costs up to $1000, provided that DirectBidz.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms
Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General
DirectBidz.com Inc., is located within the Continental United States. If you reside outside of the United States and registered on this Site, the services are offered by DirectBidz.com. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

1. Acceptance of Terms of Use and Amendments. Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular function on or through this web site, you will be subject to any and all rules or guidelines applicable to those functions and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Statement, which is incorporated into these Terms of Use by reference.

2. Our Service. Our web site and its services are provided to you on an AS IS basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration. Obligations In order to use this web site, you must register on this site, agree to provide truthful information when requested, and be at least the age of thirteen (18) or older, or have parental permission to register for a membership here. . When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy. Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement.

5. Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

(a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) Collect or harvest any data about other users; (d) Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; (e) Provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Submission of Content on this Web Site. By providing any Content to our web site: (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7; (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

8. Third Party Services. Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification. You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. Applicable Law. You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

14. Miscellaneous Information. (i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within 90-days after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation..

15. Some software, themes, and/or other items located within the www.DirectBidz.com website, are considered a "commercial item." This Agreement is governed and interpreted in accordance with the laws of The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in New York, New York and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. This Agreement is the entire and exclusive agreement between DirectBidz.com and you with respect to the Software and supersedes all prior agreements (whether written or oral) and other communications between DirectBidz.com and you with respect to the Software, Themes, and other commercial items.

16. DirectBidz.com will bill members's credit card for fees and any additional online charges members incur. Members may choose, for any reason, to cancel their subscriptions. No payment refunding of any kind, will be given back to customers for purchased services, even if the website/company closes down its business and service operations or for customer cancellations.

17. This Agreement contains the full understanding of the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof shall be binding on either party unless in writing and signed by duly authorized representatives of the parties. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement.

18. These policies are subject to change at any time, please refer to them often and stay up to date on all stated policies.

DirectBidz.com retains all rights, titles, and interest in and to the software, themes, and/or other commercial items and any rights not granted to you herein are reserved by DirectBidz.com. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease, loan, or resell for profit the software, themes, and/or other commercial items, or any part thereof. You may not reproduce, distribute, publicly perform or publicly display the software, themes, and/or other commercial items, except as expressly permitted. You may not make the software, themes, and/or other commercial items, available for download to anyone else on any computer system or network. You may not remove any copyright notices, trademarks, or logos from the software.

Additional member’s policies and procedures comprise the terms and conditions governing all DirectBidz.com members. It is essential to understand and comply with each provision set forth herein. All DirectBidz.com members must be and by executing the members Application and Authorization do hereby agree to be bound by the terms contained herein. DirectBidz.com reserves the right to amend these Policies and Procedures fat any time. Should you have any questions regarding these Policies and Procedures or any policy of this website, please consult us.

1. The additional Service Agreement Terms consists of computing services, software, information services, and information provided by DirectBidz.com. In addition to the Service, DirectBidz.com offers access to information and software provided by third parties. These terms and any Operating Rules published over the Service constitute the entire agreement (collectively "Agreement") between DirectBidz.com and members with respect to the Service and supersede all other communications.

2. Upon Notice published over the Service, DirectBidz.com may modify this Agreement, the Operating Rules, and prices. DirectBidz.com may discontinue or revise any or all other aspects of the Services at its sole discretion and without prior notice.

3. Unless otherwise agreed, members’ right to use the Service or to designate members is not transferable and is subject to any limits established by DirectBidz.com, or by member’s credit card company if billing is through a credit card. No payment refunding of any kind, will be given back to customers, if this website/company closes down its Service operations or for customer cancellations.

4. Members agree to indemnify DirectBidz.com against liability for any and all use of member’s account.

5. Members are responsible for and must provide all telephone and other equipment and services necessary to access the Service.

6. Members shall pay to DirectBidz.com, in accordance with the provisions of the Billing Option selected by members, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by members or its designated members at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. The members shall pay all applicable sales and use taxes relating to its and the designated members use of the Service. The members shall be responsible for all use of the Service accessed through member’s or its designated member’s password(s).

7. MEMBERS EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF, AND ANY STORAGE OR USE OF INFORMATION IS AT MEMBERS SOLE RISK. NEITHER DIRECTBIDZ.COM NOR ANY OF ITS MEMBERS, LICENSORS, EMPLOYERS, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES DIRECTBIDZ.COM OR ANY OF ITS MEMBERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER DIRECTBIDZ.COM NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

8. Except as expressly permitted, neither members nor its designated members may reproduce, redistribute, retransmit, publish, or otherwise transfer or commercially exploit any information which they receive through the Service.

9. Subject to the terms of this Agreement, DirectBidz.com grants to members a personal, non-exclusive, nonassignable and nontransferable license to use and display the DirectBidz.com Information software ("Software") on any machine(s) of which members is the primary members. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Members may not sublicense, assign, or transfer this license or the Software. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void.

12. DirectBidz.com will bill member’s credit card for member’s yearly membership fee and any additional online charges members incurs. Members may choose, for any reason, to cancel their subscriptions. No payment refunding of any kind, will be given back to customers for purchased services, even if the website/company closes down its business and service operations or for customer cancellations.

13. This Agreement contains the full understanding of the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof shall be binding on either party unless in writing and signed by duly authorized representatives of the parties. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement.

14. These policies are subject to change at any time, please refer to them often and stay up to date on all stated policies.