BidDetective.com
License and Terms of Use
The BidDetective.com tools (hereinafter “tool” or “MisSpell Search Engine”) is offered to you (hereinafter “you” or “user”) by iMarket Solutions LLC, subject to the terms and conditions of the “Tool License and Terms of Use” (the “Agreement”). Please read this Agreement carefully, because it is a legal contract and imposes obligations on you as an MisSpell Search Engine user. By using the tool, you agree to be bound by this Agreement.
1.0 DESCRIPTION OF TOOL.
The MisSpell Search Engine is a Web based software which provides the ability to search online retailers and shopping sites for commonly misspelled keywords.
2.0 LICENSE.
iMarket Solutions LLC is licensing you the right to use the MisSpell Search Engine during the time that this Agreement is in effect subject to your compliance with the terms and conditions of this Agreement. The MisSpell Search Engine is licensed to you for the sole purpose of engaging in personal or commercial use and provided that you do so in accordance with the terms and conditions of this Agreement. All rights relating to the MisSpell Search Engine that are not expressly licensed in this Agreement, whether now existing or which may hereafter come into existence are reserved for iMarket Solutions LLC. This license shall terminate immediately upon any violation by you of this Agreement.
3.0 PROHIBITED CONDUCT.
You represent and warrant that you will not violate any of the requirements of this Agreement and further represent and warrant that:
You will not, and will not permit others to reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the MisSpell Search Engine.
You will not use the MisSpell Search Engine to engage in or allow others to engage in any illegal activity.
You will not engage in use of the MisSpell Search Engine that will interfere with or damage the operation of the services of iMarket Solutions LLC or third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct that exceeds the permitted use.
You will not sell the MisSpell Search Engine or charge others for use of the MisSpell Search Engine.
You will not use the MisSpell Search Engine to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
You may not claim any sponsorship by, endorsement by, or affiliation with iMarket Solutions LLC without prior written consent.
4.0 RELEASE AND INDEMNITY.
You agree to release, defend, indemnify and hold harmless BidDetective.com and iMarket Solutions LLC, their officers, directors, employees, agents, independent contractors, attorneys, accounts, parent corporations, subsidiary corporations, affiliates, successors, and assigns, from and against any and all liability, claims, actions or demands by yourself or any other party resulting from or relating to your use or misuse of the MisSpell Search Engine. You waive all laws that may limit the efficacy of such a release or indemnity.
5.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE MISSPELL SEARCH ENGINE IS SUPPLIED “AS IS” AND ALL USE IS AT YOUR OWN RISK. IMARKET SOLUTIONS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE MISSPELL SEARCH ENGINE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE OPERATION OF THE MISSPELL SEARCH ENGINE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Some jurisdictions do not permit disclaimers of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL IMARKET SOLUTIONS LLC BE LIABLE TO ANY USER OR AFFILIATE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF IMARKET SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT, THE MISSPELL SEARCH ENGINE, OR USER’S USE OR MISUSE OF THE MISSPELL SEARCH ENGINE OR ANY OTHER SERVICES PROVIDED BY IMARKET SOLUTIONS LLC. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE MISSPELL SEARCH ENGINE OR ANY OTHER SERVICES SUPPLIED BY IMARKET SOLUTIONS LLC (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ERRORS OF THE MISSPELL SEARCH ENGINE.
Some jurisdictions do not permit limitations of liability. In such jurisdictions, the foregoing limitations may not apply to you.
6.0 INTELLECTUAL PROPERTY.
By accepting this Agreement, you acknowledge that iMarket Solutions LLC is the owner of all intellectual property rights in and to the MisSpell Search Engine including copyright, trademark, patent, trade secret and all other proprietary rights that exist throughout the world.
7.0 CHOICE OF LAW, JURISDICTION, AND VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the state of Nevada. The state and federal courts in Nevada shall be the exclusive jurisdiction, forum, and venue to resolve any and all disputes arising out of or relating to this Agreement. You consent to personal jurisdiction and venue in state or federal court in Nevada.
8.0 MODIFICATION.
iMarket Solutions LLC reserves the right to modify or amend this Agreement at any time and for any reason or for no reason at all, in their sole discretion, without notice. Please review the version of this Agreement at http://biddetective.com/terms-of-use/ from time to time in order to keep current with its terms and conditions.
9.0 TERM AND TERMINATION.
This Agreement is terminable at will by you or by iMarket Solutions LLC for any reason or for no reason at all, in either your, iMarket Solutions LLC’s sole discretion. This Agreement shall terminate immediately upon any breach by you. All provisions of this Agreement which by their nature extend beyond termination remain in effect until fulfilled and apply to respective successors and assigns.
10.0 MODIFICATION OF THE MISSPELL SEARCH ENGINE.
iMarket Solutions LLC reserves the right to modify the MisSpell Search Engine at any time and for any reason, or for no reason at all, in iMarket Solutions LLC’s sole discretion, without notice. iMarket Solution LLC also reserves the right to cease offering the MisSpell Search Engine at any time and for any reason, or for no reason at all, in iMarket Solutions LLC’s sole discretion.
