1. IMPORTANT INFORMATION
You should carefully read the following Terms and Conditions. Your use of Bidek, LLC (hereinafter referred to as "Bidek") service constitutes an acceptance of the following terms and conditions.
2. LICENSE
Bidek grants you a non-exclusive limited license to use the website created for you under your domain name (The Website) by Bidek in accordance with these Terms and Conditions (the "License") issued by Bidek.
a) LIMITED USAGE GRANTED
You have the right to use the website created for you under your domain name by Bidek as part of the normal course of your business. You may freely use your domain name as you choose. You own the domain name. The website is owned by Bidek. You may not copy or reproduce any element of the website without the prior written consent of Bidek. At such time as the business relationship between you and Bidek may terminate, you are free to retain the domain name as you choose. You will be responsible for the continued registration of the domain name. Bidek will remove the website from its server and you will have no further rights to use the website. Your ownership of the content of the website is limited to any text, images or clipart that you supply to Bidek to include as part of the website. Any images supplied or created by Bidek on your behalf will continue to belong to Bidek. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. The use of the phrase “your website” on the Bidek website or in any other communication, written or otherwise, does not imply, infer or grant any ownership rights, other than those listed as part of this license.
b) MODIFICATIONS
You may, from time to time, request modification(s) to the website. These modifications are limited to changes in textual and graphic content. Modifications in graphic content are limited to a change to another web layout design offered at the time of request on the Bidek.com website and to changes in photographic content that you have previously supplied to Bidek for inclusion in the website. There is no fee associated with these types of modifications.
c) UNAUTHORIZED USE
You may not place any Bidek designs, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from Bidek. You may not copy elements of the website for use in any other website without the prior written consent of Bidek.
d) LIMITED WARRANTY
Bidek warrants to you that the Services will be performed by qualified personnel in a professional manner. Except for the express warranties in this Agreement, Bidek expressly disclaims all warranties with respect to the services, express and implied, including but not limited to the warranty of merchantability and the warranty of fitness for a particular purpose.
e) LIMITATION OF LIABILITY
Bidek’s aggregate monetary liability to you for any claim in contract, tort or otherwise (other than an intentional tort) will not exceed the amount of monies paid by you to Bidek for the services during the twelve month period before the cause of action accured. Bidek will not be liable to you under any cause of action, whether in contract, tort or otherwise (other than an intentional tort) for any indirect, special, incidental, consequential or punitive damages, even if Bidek has been advised of the possibility of such damages. Bidek’s price for the services and Bidek’s obligations under this Agreement are deemed sufficient consideration for limiting Bidek’s liability to you.
f) ARBITRATION
Any controversy or claim arising out of this Agreement will be settled by arbitration before a single arbitrator in Bend, Oregon. If the parties agree on an arbitrator, the arbitration will be held before the arbitrator selected by the parties. If the parties do not agree on an arbitrator, each party will designate an arbitrator and a third arbitrator shall be selected by the designated arbitrators. The arbitration will then be held before all three arbitrators. Each arbitrator must be an attorney knowledgeable in the area of business law. The arbitration will be conducted in accordance with the procedures set forth in ORS 36.600 through ORS 36.740. The resolution of any controversy or claim as determined by a majority of the arbitrators will be binding on the parties.
g) INFORMATION DISCLOSURE
Bidek must, in the course of its business relationship, collect certain information about you. This information is limited to, 1) that content that is required as a part of the website, and 2) information required for billing purposes. Information that you approve as content for the website becomes available to the public and cannot be protected by Bidek. Bidek will never disclose, sell or share credit card or any other kind of information about you with any other person or entity without your express permission, a lawful enforceable subpoena issued by a Court of competent jurisdiction or a court order.
3. REFUND POLICY
Should the relationship between you and Bidek be terminated, no pro-rated refunds for the remainder of the current month will be made. Any prepaid funds beyond the current month will be immediately refunded upon termination of the relationship.
4. TERMINATION OF SERVICES
Either you or Bidek may choose to terminate the business relationship at any time upon written notice. Upon notice of termination, the website will be removed from the Bidek server at the end of that monthly billing cycle, or earlier, should you choose. Request for earlier removal must be in writing.
5. AMENDMENT
Bidek reserves the right to amend or modify the terms and conditions stated herein.
6. BINDING EFFECT
This Agreement shall be binding on the parties and their respective heirs, personal representatives, successors, and permitted ensigns and will inure to their/its benefit.
7. GOVERNING LAW
This Agreement is governed by the laws of the State of Oregon without giving an effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement.
8. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and agreements whether written or oral, between the parties with respect to the subject matter of this Agreement.