BidX General Terms and Conditions
1. Area of application, relevant version
1.1. The following General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between BidX GmbH, Gräfenhäuser Straße 85b, 64293 Darmstadt, Germany (hereinafter "BidX") and the respective persons who wish to use the offer made under the domain www.bidx.io (hereinafter "website") to automatically control their advertising measures on the amazon platform (operated by Amazon Europe Core S.à.r.l. (Société à responsabilité limitée), hereinafter "amazon") (hereinafter "customer").
1.3. The version of the GTC valid at the time of conclusion of the contract is decisive.
2. Subject of the contract, scope of service
2.1. By making its software solution (so-called Software as a Service, SaaS) available on the website for a limited period of time, BidX offers the customer the possibility of designing, managing and evaluating advertising measures on the amazon platform (hereinafter "services"). The scope of services results from the service description in the version valid at the conclusion of the contract.
2.2. BidX offers the evaluation of the customer's advertising measures on the amazon platform on the basis of his/her data. The customer is responsible for the completeness, accuracy, legality, timeliness, quality and suitability of the data, content, parameters and information (hereinafter "parameters") posted by him/her. BidX does not check the parameters specified by the customer for completeness, accuracy, legality, timeliness, quality and suitability for a specific purpose or the contractually agreed purpose.
2.3. The scope of use of the services can be chosen by the customer within the framework of various subscriptions and results from the service description in the version valid at the time of conclusion of the contract.
2.4. BidX is entitled to make changes to the content or functionalities (e.g. by patches, updates or modifications) of the services which are reasonable in consideration of the interests of the customer. BidX is also entitled to have parts or all of its services provided by third parties, in particular subcontractors.
2.5. The customer can test the services free of charge for 14 days after successful registration in accordance with 3.2. Subsequently, the use of the services will be blocked for the customer, unless he concludes a paid subscription in accordance with Section 3.3.
3. Registration and its preconditions, conclusion of the contract
3.2. In the registration form, each customer shall enter a valid e-mail address and create a password. By submitting the completed registration form using the "Register" button, the customer creates a user account (hereinafter referred to as "account") and submits his/her offer to conclude the contract for the use of the website. If BidX accepts this offer by sending a confirmation e-mail and the customer subsequently confirms his/her registration by selecting the hyperlink listed in the confirmation e-mail (double opt-in), a contract for the use of the website is concluded between the customer and BidX (hereinafter "user contract"). A registration that the customer does not confirm within one week by clicking on the activation link can be deleted by BidX.
3.3. Within the first 14 days after successful registration in accordance with Section 3.2, the Customer may use the services free of charge (hereinafter referred to as the "trial period"). At the end of the trial period, the customer may only use the services within the framework of a chargeable contract (hereinafter "subscription"). The legally binding conclusion of a contract for the conclusion of a subscription takes place as follows:
- a. The presentation of the subscriptions on the website does not constitute a legally binding offer, but a non-binding invitation to submit an offer (invitatio ad offerendum).
- b. The contract can only be concluded using the form provided on the website (hereinafter "order form"). To conclude the subscription, the customer completes the order form completely.
- c. The customer confirms his/her choice by clicking on the button “Continue”.
- d. The customer has the opportunity to check and correct his/her data. To this end, BidX shall provide the customer with appropriate, effective and accessible technical means with the aid of which the customer can identify and correct input errors before the binding submission of his/her order form.
- e. Before the binding submission of the order form, the customer can return to the subpage on which his/her details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button in the order form after checking his/her details.
- f. The customer sends the order bindingly by clicking the button "Purchase now". The sending of the order represents an offer to conclude a subscription.
- g. The receipt of the offer will be immediately confirmed by BidX by means of an acknowledgement of receipt.
- h. Acceptance of the offer by BidX is effected by declaration of acceptance in text form or activation of the services for the customer.
3.4. Registration and conclusion of a subscription is only permitted for natural and legal persons with unlimited legal capacity and only in their own name and for their own account. Registration and conclusion of contracts for legal persons is only permitted for persons acting as legal representatives or other beneficiaries of the respective legal person or on their behalf and will. Customers must either be 18 years of age at the time of registration and conclusion of the contract or their legal representatives must have agreed to the registration and conclusion of the contract.
3.5. Each customer shall only register once. Each individual customer shall create an individual account. An account is not transferable.
3.6. There is no right to conclude a user contract or a subscription. BidX reserves the right to refuse the registration and the conclusion of a subscription without giving reasons.
3.7. The data requested during registration and within the framework of the conclusion of a subscription shall be provided completely and truthfully. If the data changes subsequently, the customer is obliged to update the information immediately. Upon BidX's request, the customer shall confirm the data.
4. Prices and method of payment
4.1. Subscriptions to use the services are subject to a fee. For the prices of the services, the pricing table for the monthly or annual remuneration (hereinafter referred to as "remuneration") currently valid at the time the contract is concluded shall apply. However, the customer may be charged by third parties for costs in connection with the use of the services (e.g. for the use of telecommunications networks); BidX has no influence on such costs.
4.2. The remuneration owed by the customer is due for payment in advance at the beginning of the booking period (monthly or annually).
4.3. The remuneration owed by the customer can only be paid using the payment methods supported by BidX. The supported payment methods are listed on the website. BidX reserves the right to exclude individual payment methods selected by customers if there are reasonable grounds to fear a return debit or cancellation of the payment or insufficient coverage of the bank account to be debited.
4.4. If the customer chooses "credit card" as payment method, an amount equal to the booked fee will be blocked, i.e. deducted from the withdrawal limit of the means of payment without the amount being transferred to BidX. If the subscription does not come into being or expires or if BidX is not or no longer entitled to remuneration, the blocked amount will be released again.
4.5. All prices are exclusive of the statutory value-added tax.
5.1. The customer is obliged to keep the login data, passwords, etc. secret and not to pass on his/her access data to unauthorized third parties and to log out after each session. Declarations and actions that are made or committed after a login with the customer's password and e-mail address may be attributable to the customer even if he has no knowledge of them. An attribution takes place in particular if the customer intentionally or negligently provides third parties (including family members) with access to the password or the account. The customer must inform BidX immediately as soon as he/she becomes aware that the access data are accessible and known to unauthorized third parties.
5.2. In the case of a justified suspicion that access data became known to unauthorized third parties, BidX is entitled but not obliged, for security reasons, to change the access data independently without prior notice or to block the use of the account at its own discretion. BidX shall inform the customer of this without delay and shall provide new access data on request within a reasonable period of time. The customer has no right to demand that the original access data be restored.
6. Granting usage rights
6.1. BidX grants the customer the locally unlimited, revocable, non-exclusive, non-sublicensable and non-transferable right to use the services for the sole purpose of using the services to the extent and in accordance with these GTC for the duration of the subscription. The property rights and copyrights to the website and the services remain exclusively with BidX.
6.2. The customer grants BidX the simple, spatially, temporally and content unlimited right of use to all contents (e.g. logos, pictures, videos, texts) (hereinafter "customer contents") posted by him/her on the website and contained within the scope of the Amazon-ID (hereinafter "license"). In particular, this includes the right of reproduction, use, operation, copying, public presentation or display, distribution, modification, translation and creation of derived versions of distribution as well as the right of editing. In particular, BidX is entitled to process, prepare and adapt the customer content technically in such a way that it can also be displayed on mobile receiving devices or in services and software applications of third parties.
6.3. The license shall be terminated, once a customer deletes his/her customer content or account.
6.4. The customer guarantees that he/she is the owner of the transferred rights and that it is possible for him/her to effectively grant the license in Section 6.2. The customer also guarantees that the customer content does not infringe any rights of third parties, in particular no trademark, competition, copyright, property or personal rights.
7.1. BidX guarantees 98% accessibility of services on a quarterly basis. Downtimes that are not based on a breach of duty by BidX, such as attacks on BidX systems by third parties, hardware failures through no fault of BidX or cases of force majeure, as well as related unscheduled maintenance work are not taken into account. The possibilities of use may be restricted or temporarily interrupted by maintenance work, further development or malfunctions. This can lead to data loss under certain circumstances
7.2. Plannable maintenance work takes place regularly between 10 pm and 6 am and is announced to the customer at least 3 days in advance by e-mail. Plannable maintenance work will affect the availability of the services for a maximum of 10 hours during a calendar month
7.3. BidX provides the services only on the website. Errors or disturbances outside BidX's sphere of influence, such as the functionality of the API of the amazon.de platform or the provision of the correct parameters by the Customer are not subject to BidX's obligation to perform. In the event of errors or disruptions outside BidX's sphere of influence, the customer shall remain obliged to pay the corresponding remuneration.
7.4. The customer is responsible for creating, maintaining, operating and, if necessary, updating a sufficiently dimensioned hardware and software environment for the use of the services. The customer can view the necessary conditions for using the services at any time here .
8. Term and termination of the user contract and subscription
8.1. The user contract can be terminated by both parties at any time, subject to the following sentence, with a notice period of 14 days to the end of the month. If the customer has concluded a subscription before the cancellation of the user contract, the cancellation will not take effect until the subscription has been completely carried out, cancelled or terminated in any other way. In the event of termination, the account will be maintained for as long as is necessary for the processing of completed subscriptions.
8.2. The user contract can be terminated by BidX, subject to the following sentence, at any time with a notice period of 14 days to the end of the month. If the customer has concluded a subscription before the cancellation of the user contract, the cancellation will not take effect until the subscription has been completely carried out, cancelled or terminated in any other way. In the event of termination, the account will be maintained for as long as is necessary for the processing of completed subscriptions.
8.3. The customer can choose between a monthly and an annual subscription period.
- a. In the case of a monthly subscription, the subscription begins with the conclusion of the subscription and is concluded for a period of one month. It is extended by a further month in each case if it is not terminated before the beginning of the next contract month.
- b. In the case of the annual subscription period, the subscription begins with the conclusion of the subscription and is concluded for a period of 12 months. It is extended for a further 12 months in each case if it is not terminated before the beginning of the next contract year.
8.4. Notwithstanding the above provision, BidX may terminate the subscription without notice if the customer is in default for two consecutive months with the payment of the remuneration or a not inconsiderable part of the remuneration or, in a period of more than two months, with the payment of the remuneration in the amount of an amount which reaches the remuneration for two months..
8.5. The right to terminate without notice for cause remains unaffected.
8.6. An e-mail to email@example.com or any other message in text form to BidX is sufficient for the notice of termination. Alternatively, the cancellation can also be made via the customer's account
9. Execution of the termination
The personal data provided by the customer and the account will be deleted by BidX upon termination of the user contract; in the event of termination by BidX, the customer will have the option of viewing and, if necessary, backing up his stored data for at least 2 weeks. If BidX is entitled not to delete data for legal or other reasons, BidX may alternatively also block it; if this authorization is omitted, the data will be deleted by BidX.
10. Liability limitation
10.1. Subject to the further provisions of this Clause 10, BidX shall only be liable if and to the extent that BidX, its legal representatives, executives, employees or other vicarious agents are charged with intent or gross negligence. In the event of BidX's default in payment or the impossibility of performance for which BidX is responsible, and in the event of a breach of material contractual obligations (so-called cardinal obligations), BidX shall, however, be liable for any culpable conduct of its own or that of its legal representatives, executives, employees or other vicarious agents. Essential contractual obligations are defined abstractly as those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
10.2. Except in case of willful intent or gross negligence on behalf of BidX, its statutory representatives, executive staff, employees or other vicarious agents, liability shall be limited to such damages foreseeable at the time of conclusion of the contract.
10.3. The limitations of liability contained in Article 10.1 and 10.2 shall not apply in case BidX has assumed an explicit representation/guarantee as well as in case of any claims due to lack of warranted characteristics and any damage resulting from any injury to life, limb or health. With respect to any default of BidX the limitations of liability contained in Article 10.2 shall not apply to any claims for default interest, the default lump sum pursuant to Sec. 288 Abs. 5 of the German Civil Code (BGB) and any legal costs incurred due to default.
10.4. Claims under the Product Liability Act shall remain unaffected by the provisions of this Clause 10.
11.1. Unless expressly agreed otherwise, the statutory warranty law shall apply.
11.2. The no-fault statutory liability for defects is expressly excluded by BidX, with the exception of the provision in Section 10, in the area of tenancy law and similar usage relationships for errors already existing at the time of conclusion of the contract (§ 536a Para.1 Alt. 1 BGB).
12. Online Dispute Resolution
BidX hereby reminds the customer of the online dispute resolution (ODR) page of the European Commission with the following link: https://ec.europa.eu/consumers/odr/
BidX is not responsible for the contents of this site or the possibility of conducting the complaint procedure via this site.
13. Assignment of claims
13.1. The customer is only entitled to assign claims arising from or in connection with the business relationship with BidX with the prior written consent of BidX; § 354a HGB remains unaffected.
13.2. Unless otherwise agreed in individual cases, neither party shall be entitled to offset claims of another party under this agreement or to assert a right of retention with regard to an obligation arising from the business relationship, unless the claims of the respective party asserting a right to offset or retention are ready for decision and undisputed or have been recognized by the other party or have been established by a final decision of a competent court or arbitration court; this restriction shall not apply to synallagmatic, i.e. mutually interdependent claims.
14. Language, contract text, applicable law, exclusion of foreign terms and conditions, place of jurisdiction
14.1. The contract language is German. In the event that the texts of these GTC provided by BidX are interpreted differently in German and English, the German version shall prevail.
14.2. The contract text of the user contract as well as the contract texts of the subscriptions and the other contract texts are only accessible to the customer on the website in the current version. However, the respective contract text is sent to the customer by e-mail and can thus be saved or printed out by the customer.
14.3. These GTC and the user contract regulated therein as well as the subscriptions regulated therein are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.4. The validity of the customer's general terms and conditions of contract or business is expressly excluded. This also applies if BidX has not expressly objected to the customer's conditions and/or provides services without contradiction.
14.5. If the customer is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all legal disputes arising from or in connection with the GTC shall be the registered office of BidX. In all other respects, the statutory places of jurisdiction shall apply.
14.6. The place of performance for companies within the meaning of § 14 (1) BGB is the registered office of BidX
15. Amendments to the GTC
15.1. Changes to these GTC must be made in text form. There are no ancillary agreements
15.2. BidX reserves the right to change these GTC at any time without giving reasons, unless the change is unreasonable for the customer. BidX will inform the customer immediately by e-mail about changes to the GTC. If the customer does not object to the validity of the amended GTC within a period of four weeks after receipt of the amended GTC, the amended GTC shall be deemed accepted by the customer. BidX will inform the customer separately of the deadline and its significance in the e-mail announcing the changes.
15.3. If any provision of these GTC is invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed replaced by a provision that comes as close as possible in a legally effective manner to the sense and purpose of the ineffective provision. The same applies to possible loopholes in the regulations.
Last updated: May 2019
Last modified: January 11, 2022
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with BidX and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BidX, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The BidX name, the BidX logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of BidX. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To impersonate or attempt to impersonate BidX, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, social media usernames, or screen names associated with any of the foregoing); or,
- To engage in any other conduct that restricts or inhibits anyone''s use or enjoyment of the Website, or which, as determined by us, may harm BidX or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party''s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or,
- Otherwise attempt to interfere with the proper working of the Website.
We are a provider of an interactive computer service for purposes of 47 U.S.C. § 230. As such, its liability for others'' conduct and information is limited as described in that statute. Further, we are a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on the Website infringes upon your copyrights, you may submit a notification to us pursuant to the Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). To provide us notice of an infringement, you must provide a written communication to us at:
ATTN: Nadine Schöpper
101 Avenue of the Americas, 8th Floor
New York, NY 10013
or send an email with the subject line “DMCA Infringement Notification” email@example.com that includes substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; and, (vii) a statement, under penalty of perjury, that you are, or are authorized to act on behalf of, the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that you may be liable for damages (including costs and attorneys'' fees) if you knowingly materially misrepresent that material or an activity on the Website is infringing your copyright.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BidX, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BidX. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content and features offered on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Transactions and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website;
- Send emails or other communications with certain content, or links to certain content, on this Website; or,
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- Link to any part of the Website other than the homepage; or,
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Delaware in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIDX NOR ANY PERSON ASSOCIATED WITH BIDX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BIDX NOR ANYONE ASSOCIATED WITH BIDX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BIDX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BIDX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Website is operated by BidX Inc, located at the address listed below. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement policy, described above. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to us by email using the below contact information.
ATTN: Nadine Schöpper
101 Avenue of the Americas, 8th Floor
New York, NY 10013