Terms of Service

Last Updated on July 1, 2021

These terms and conditions (the “Terms of Service”) govern your access to and use of Bidparent (“Bidparent”) websites and mobile applications that link to or reference these Terms of Service (collectively, the “Service”). The Terms of Service may change at any time without notice. By continuing to access or use the Service, you are hereby agreeing to these Terms of Service and concluding a legally binding contract with Bidparent. Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.

1. DEFINITIONS

A. Parties

“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. “We,”us”, and “our” refer to Bidparent.

B. Content

“Content” means, but is not limited to, text, images, photos, audio, video, chat conversations, location data, and all other forms of data or communication. “Your Content” means, but is not limited to, Content that you submit or transmit to, through, or in connection with the Service, such as photos, videos, audio, suggestions, ideas, feedback, ratings, reviews, interests, comments, notifications, messages, rewards, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Bidparent Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Bidparent or its users, which is made available in connection with the Service. “Site Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Bidparent Content.

C. Other Definitions

“Feedback”, refers to, but is not limited to feedback, recommendations, suggestions, conversations offered by clicking, swiping, and tapping photos, provided by users, businesses, Bidparent, and other third parties.

2. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.

3. USING THE SERVICE

A. Eligibility

To access or use the Service, you must be 13 years or older and have the requisite power and authority to enter into these Terms of Service. You must be of legal age in your jurisdiction to use certain areas of the Site that are intended to be used only by an adult audience for certain topics. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account. You may not access or use the Service if you are an employee, contractor, or hired consultant of any company that previously employed the founders of Bidparent, except if provided an account by a founder and said account is in good standing and has not been disabled or revoked.

B. Permission to Use the Service

We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is adult oriented, offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

C. Site Availability

The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D. User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

There are two types of public accounts:

i. A “User Account” is an account for your personal, non-commercial use only (“User”, “Users”). However, we understand that business listings, events, products, or services, may create User Accounts, and use them for regular use of the Site. This practice is acceptable by Bidparent, as long as it is not designed to deceive, mislead, or jeopardize competitors or users of the Site. In creating a User Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Service. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your username, use the same account information on other sites, or allow other sites to share information about you with Bidparent. Please read our Privacy Policy for more information.

ii. A “Client Account” is an account to be used by a real estate agent, property owner, marketer, blogger, organization, business, product, service, event, government agency, or other third-party entity (“Client”, “Clients”) for the purpose of advertising, marketing, or accessing and providing previously published or new and unpublished Content to and from Bidparent. In creating or updating a Client Account, you must be an authorized representative of the source in question, and you must provide complete and accurate information about yourself and the source you represent, including an appropriate photo and/or video of yourself or represented business to be displayed in connection with your Client Account if we require it now or at a later time. We may require you to publicly disclose the actual name of the organization to appear on the Site within a profile or username if using a business an entity or company name such as but not limited to LLC or Inc. If you are no longer an authorized representative of the organization or blog in question, you must close your Client Account immediately.

E. Communications from Bidparent, other Users, and third parties

By creating an account, you agree you are opting in to receive certain communications in connection with the Service via SMS, texting, email, VOIP, or automated or manual phone call or voicemail services. For example, you may receive comments, notifications, text or email messages or Advertising from Bidparent or other Users or Clients. You may also receive our periodic e-mail newsletter about Bidparent or SMS or text message notifications and updates about Bidparent. If another User or Client or any other third party affiliated with, or not affiliated with Bidparent, wishes to contact you directly regarding information you have provided, for example through a messaging or chat service on Bidparent, social media pages, text message, phone call or email, or other social networking site or blog, in an effort to maintain ongoing two way conversation, or invite you to utilize their service, or offer you any sort of reward or promotions, or any type of service, you agree to allow Client or any third party service contact you through the Bidparent messaging service or other ways listed above as determined by Bidparent. We will disclose personally identifiable information such as, but not limited to your name, email, or phone # to other Users or third parties in order to provide a better experience for all Users and Clients. Keep in mind that any and all content you post or display on Bidparent or any other associated Bidparent website or social media site, that personally identifies you publicly, may be obtained and stored by other Users and third parties. You may opt out of Bidparent communications by following the opt-out options on the above mentioned services when they are sent to you.

4. CONTENT

A. Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Bidparent.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Profanity is not permitted on the Site.

B. Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, selling it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Bidparent and its users any claims and assertions of moral rights, or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, sell, and create derivative works of Your Content.

C. Ownership

As between you and Bidparent, you may access or change Your Content at any time while using the Service. However, we can access any and all Bidparent Content, have rights to retain and sell any Content you post on Bidparent at any time even after you delete your Content or your account, including but not limited to visual interfaces, chat, interactive features, graphics, design, compilation, computer code, products, software, aggregate user suggestions, feedback, photos, videos, audio, chat and messaging conversations with other Users, businesses, and third parties, reviews, ratings, and all other elements and components of the Service including Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Bidparent Content and the Service, which are protected by copyright, patent, trademark laws and any or all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Bidparent Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Bidparent Content are retained by us.

D. Advertising

Bidparent and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

E. Other

We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

5. RESTRICTIONS

We are under no obligation to enforce the Terms of Service on your behalf against another User. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.

A. You agree not to, and will not assist or enable others to use the Service to:

i. Violate our Content Guidelines, for example, by clicking, swiping, tapping, creating or writing, or altering any feedback, photos, videos, or audio, resulting in fake or defamatory suggestions or reviews, or to artifically inflate or alter quality of any Content; trading suggestions, feedback, or reviews with other product manufacturers, distributors, businesses, services, and brands, or clicking, swiping, tapping, writing, creating or altering any photos, videos, audio, suggestions or reviews that you were paid for either directly or indirectly by the manufacturer, distributor, business, service, or brand of the product, topic or service in question;

.ii. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

iv. Promote a business or organization, product or service or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Client Account and as expressly permitted by Bidparent;

v. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;

vi. Solicit personal information from minors, or submit or transmit pornography; or

vii. Violate any applicable law.

B. You also agree not to, and will not assist or enable others to:

i. Violate the Terms of Service;

ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by Bidparent;

iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;

iv. Reverse engineer any portion of the Service;

v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;

vi. Record, process, or mine information about other users;

vii. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of product reviews;

viii. Reformat or frame any portion of the Service;

ix. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Bidparent’s technology infrastructure or otherwise make excessive traffic demands of the Service;

x. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;

xi. Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively,”Viruses”);

xii. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;

xiii. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or

xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here or info@getBidparent.com together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

6. GUIDELINES AND POLICIES

A. Content Guidelines

Bidparent allows users to contribute different kinds of content, including, but not limited to, suggestions, feedback, reviews, photos, videos, comments and more. The guidelines below pertain to the participation in our Service and the submission of content. You represent that you have read and understood the guidelines below.

i. Content Appropriateness: Do not use lewd, threatening, or harassing speech including hate speech or profanity.

ii. Self Promotion: Refrain from contributing self promotional content.

iii. Topic Relevancy: All suggestions should be on topic and relevant to a given product. Rants, complaints, reviews, or commenting on how something is good or bad, is not sufficient feedback, and will provide limited value for everyone involved in the Site. The purpose of the Site and requirement for each topic is to provide a suggestion or provide a solution to make an impact or spur innovation. Avoid suggestions based predominantly on company ideology or practices.

iv. Privacy: Refrain from submitting private information about users or non-users. Obtain permission before posting photos or videos that contain other individuals. You agree that if you submit photos or videos they do not violate any copyrights, trademarks, branding, or any other privacy laws or regulations.

v. Content Guidelines: The highest quality suggestions and ideas on Bidparent provide the best value for all users, both consumers, and the decision makers or source of the topic. Creativity, and ideas that can spur innovation and provide improvements are the best way to provide value to the Site and the world around us. Helpful suggestions such as why or why not we use a product, service, or topic can add the most value.

vi. Firsthand Experience: Provide feedback and your suggestions based on your own personal experience with regards to the relevance of the topic. You may not make a suggestion for a specific product/service/topic if you have not used or owned it. However, in the event that another User has posted Content that you wish to respond to depending on the manner of the Content, you may do so on certain areas on Bidparent.

vii. Product/Service/Location Bias: Product manufacturers, Service providers, or decision makers of products, services, locations, and topics, or their employees/agents/associates may not submit suggestions for their own products, services, or topics or for their competitors in a user account as an anonymous username. These parties may however submit suggestions or ideas as long as they use a Client Account and disclose publicly the actual name of the company they represent as the username or profile name, and also disclose the actual name of the above party they represent publicly, if a representative of one of the above parties uses a User account to place suggestions on their behalf. Bidparent reserves the right to moderate this placement of suggestions within Client and User accounts as they pertain to this clause as well as in general on the Site, and reserves the right to remove them without notice if, at the discretion of Bidparent, they are not appropriate or satisfactory or seem to provide any of the following, but not limited to: any sort of advantage, product placement, advertisement, marketing message, or solicitation of any kind. Anonymity is not permitted for any of the above mentioned parties to submit suggestions to the Site, and is grounds for termination and removal of access to the Site permanently without notice.

viii. Photo/Video Guidelines: Users may be able to upload photos or videos to certain topic listings so long as it is not lewd, threatening, contain profanity or infringe on a person’s privacy.

ix. Profile Guidelines: You may connect your Third Party social media accounts to the Site. In order to be eligible for certain promotions, awards, or be contacted by decision makers wanting more feedback from you, user profiles must be completed in full and contain real information.

x. Comment Guidelines: Bidparent provides the ability to agree and comment on suggestions. Users may not harass or otherwise post inappropriate content via comments or suggestions. Brand manufacturers, businesses, or agents or their employees and affiliates may not post comments on suggestions for their own products or competing products.

B. Privacy

You represent that you have read and understood our Privacy Statement. Note that we may disclose personal information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Service and Privacy Statement; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.

C. Copyright and Trademark Disputes

Bidparent respects copyright laws and will take appropriate action upon notification of a dispute, or with regards to violations of the Site, terms of service or privacy policy.

7. SUGGESTIONS AND IDEAS

By sending, messaging or chatting, or posting any Content that includes ideas, suggestions, feedback, documents or proposals, photos, or videos (“Ideas”), you agree that (i) your Ideas does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Ideas, (iii) we may have something similar to the Ideas already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, sell, and sublicense the Ideas in any way we see fit or provide it any other third party.

8. THIRD PARTIES

A. Third Party Sites

The Service may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

B. Third Party Services

As part of the functionality of the Service, you may link your Bidparent Account with online accounts you may have with third party services or businesses (“Third Party Account(s)”) by providing your Third Party Account login information to Bidparent through the Service. By submitting Third Party Account login information to Bidparent, you are granting Bidparent permission to access and use (i) that login information and (ii) certain other information from the Third Party Account that you designate (e.g. retailer purchase data, your activity on the website, service or application of the Third Party Account), which can be accessed and used by Bidparent within the Service; Bidparent may use and store this information and such information will be presented to you within the Service in order to provide you with certain functionality of the Service. For example, we may use relevant information we have about you and your third party user connections to populate a list of potential connections on Bidparent.

Any information from the Third Party Account that you designate may be viewed by and disclosed to other Users of the Service because it will be part of your Bidparent Account which is open for all Users to view and track your Bidparent activity.

By submitting this information to Bidparent and granting Bidparent permission to access and use such information, you represent that you are entitled to submit and grant access to such information to Bidparent for use for the purposes described herein, without any breach by you of the terms and conditions to which you are bound that govern your use of the services or businesses for which you have a Third Party Account and without any obligation by Bidparent to pay any fees or other limitations on usage that may be imposed by operators of the businesses where you hold Third Party Accounts. Bidparent makes no effort to review the information that will be presented to you in the Service from such Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Bidparent cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of information, personalization settings or other service interruptions. Bidparent cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Third Party Account data, communications or personalization settings.

9. INDEMNITY

You agree to indemnify and hold Bidparent, its parent companies, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Bidparent reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bidparent. Bidparent will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Bidparent AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE “Bidparent ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

A. THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

B. THE Bidparent ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE Bidparent ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE PRODUCTS LISTED ON THE SERVICE.

C. THE Bidparent ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE TOPICS, SUGGESTIONS, AND FEEDBACK, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, THE Bidparent ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE TOPICS, SUGGESTIONS, OR FEEDBACK, OR THE SAFETY OR SECURITY OF THE SERVICE.

D. THE Bidparent ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

E. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

F. THE Bidparent ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE Bidparent ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

G. THE Bidparent ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF Bidparent OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.

11. CHOICE OF LAW AND VENUE

Florida law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Bidparent (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HILLSBOROUGH COUNTY, FLORIDA

12. TERMINATION

A. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing Bidparent with a notice of termination by emailing Bidparent at info@bidparent.com. If you close your account, we may continue to display Your Content where it implicates other users (e.g., photos, videos, or suggestions that you have clicked or sent to other users and comments that you have posted to topics).

B. We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.

C. In the event of any termination, whether by you or us, Sections 1, 5, 6, 10 – 14 of these Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

13. GENERAL TERMS

A. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

B. We may provide you with notices, including those regarding changes to the Terms of Service by email, or communications through the Service.

C. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

D. For User Accounts, these Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service. For Client Accounts, these Terms of Service, along with any applicable Merchant Agreement, contain the entire agreement between you and us regarding the use of the Service.

E. Any failure on Bidparent’s part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

F. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.

G. The Terms of Service are not assignable, transferable or sublicensable by you except with Bidparent’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

H. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.