This End User License Agreement (the "EULA") is a binding legal agreement between you, as an individual or entity, and Bid-It Rentals, Inc. ("Bid-It Rentals"). By downloading, installing, or using the Bid-It Rentals for iPhone/Android (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not check the "I accept the terms" box and do not use the Software.
You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by the EULA.
The Software is provided to you under this EULA solely for your private, non-commercial use. Use of the Software or of the Bid-It Rentals service within an organization or the use of multiple copies of the Software (except a back-up copy) requires a commercial license for the Software.
The Bid-It Rentals for iPhone is a downloadable software application for that enables you to access Bid-It Rentals functionality directly from your iPhone/Android device.
You may download the Software whether or not you use the Bid-It Rentals service, but you must associate it with your Bid-It Rentals account to enable its full functionality. If you choose to use the Bid-It Rentals service, either as an existing member or by joining the Bid-It Rentals service, the Software enables you to directly access the Bid-It Rentals service, including your Bid-It Rentals access to your profile information, and the ability to submit bids, post reviews and access chat rooms directly from your iPhone/Adroid device.
You may not modify, adapt, translate or create derivative works (new versions) of the Software. No source code is provided under this EULA. You may not reverse engineer, disassemble, decompile, rent, lease, or encumber the Software, or re-create or discover the source code of the Software. You may not embed or combine the Software within any other software product or device. The Software contains proprietary and confidential information of Bid-It Rentals, which you agree not to discover or reveal to others. You may not sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties. All rights to the Software not expressly granted herein are reserved by Bid-It Rentals.
BID-IT RENTALS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. BID-IT RENTALS EXPRESSLY DISCLAIMS 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. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
Bid-It Rentals may modify the Software and this EULA with notice to you either in email or by publishing notice on the Website, including but not limited to charging fees for the Software, or changing the functionality or appearance of the Software. In the event Bid-It Rentals modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Bid-It Rentals may terminate your use of the Software, the EULA or the Bid-It Rentals Service at any time, with or without notice.
By accepting the EULA, you agree to indemnify and otherwise hold harmless Bid-It Rentals Corporation, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BID-IT RENTALS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BID-IT RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL BID-IT RENTALS'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO BID-IT RENTALS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Software or information about such Software which may be imposed from time to time by the government of the United States of America. You shall not export the Software or information about the Software without consent of Bid-It Rentals and compliance with such laws, regulations, orders or other restrictions.
The EULA between you and Bid-It Rentals shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal court or state court sitting in the Palm Beach County, Florida. The EULA constitutes the entire agreement between you and Bid-It Rentals regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Bid-It Rentals, the Bid-It Rentals logo, and other Bid-It Rentals logos and names are trademarks of Bid-It Rentals, Inc. You agree not to display or use these trademarks in any manner without Bid-It Rentals's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10 and 11 shall survive the termination or expiration of this Agreement.