myBidMax™ User Agreement

myBidMax™ Software System User Agreement

When you make your purchase of myBidMax™ Software System you accept the following User Agreement. Please email us if you have any questions to info@mybidmax.com

User acknowledges that he/she has reviewed the User Agreement and the Privacy Policy governing this site, and that continued use constitutes acceptance of the terms and conditions stated therein.

myBidMax™ USER AGREEMENT PLEASE READ CAREFULLY: This User Agreement ("Agreement") is a binding legal contract between you (a) an individual user; or (b) any corporate entity (collectively "you") and Reputronix, LLC. dba myBidMax™ (collectively "myBidMax™") located in Los Altos, California, United States of America, owner of the myBidMax™ software as well as any and all associated media, printed materials, electronic documentation or website content (collectively the "Software"). This Agreement covers the terms and conditions of your Software license. Please print a copy of this Agreement and/or save a copy electronically for your records. By clicking on the "I ACCEPT " button and/or by purchasing, downloading, copying, accessing, by opening the package that contains the Software, or otherwise using the Software, you certify that (a) you have obtained the age of majority in the state, territory, province, or country in which you reside; and (b) you will be bound by the terms of this Agreement; and (c) you are are authorized to enter into this Agreement on behalf of yourself or any corporate entity which you represent. If you do not wish to be bound by the terms of this Agreement please exit this screen, delete any and all of the myBidMax™ files on your computer, and do not install, access, open, or use the Software. If you have already purchased the myBidMax™ Software, please contact us at myBidMax, P.O. Box 188, Los Altos, CA for a refund. Your refund will be sent to you within thirty (30) days. myBidMax™ SOFTWARE LICENSE

1. Grant of License. Upon your payment for the myBidMax™ software and your acceptance of this Agreement, myBidMax™ grants you a limited, personal, non-exclusive license to install and use the Software on the terms and conditions set forth herein. You may install and use the Software on three (3) computers for your internal purposes. If you would like to purchase additional licenses for additional computers please contact myBidMax™ Customer Service. You may then use the Software on different computers based on the number of licenses purchased. Your license to use the Software extends perpetually after your initial purchase; however, there may be (a) such a time as the product is no longer supported by myBidMax™; and/or (b) definition updates for the Software are no longer available; if either of these events occurs myBidMax™ will strongly recommend that you upgrade your Software because the usefulness of the Software is entirely dependent upon the eBay market information currently in use. Free updates will be available for the Software until June 2010 after which time myBidMax™ reserves the right to charge a nominal fee for updates. Updates are considered Software for purposes of this agreement however, future updates, upgrades, or releases may also be covered by additional or separate User Agreements that must be agreed to before installation.

2. Restrictions on Use of Software. Your license does not allow you the right to (a) distribute, rent, sublicense, transfer, or lend the Software to any third party; or (b) to disassemble, decompile, modify, translate, disassemble, discover the source code of, create derivative works, or reverse engineer the Software; or (c) to copy the Software for any use. Any of these actions will result in revocation of your license and/or prosecution. You further agree that you will not authorize any other person to engage in any of these prohibited acts. myBidMax™ retains all patents, copyrights, titles, trade secrets, interests, and any other intellectual property rights in the Software and all associated content.

3. Ownership. This Agreement does not convey to you any rights of ownership of the Software, documentation, or any associated content. All rights, titles, and interest in the Software or associated materials, and in any ideas, technical knowledge, and programs which are developed by myBidMax™ in the course of providing any technical services, including any enhancements or modifications made to the Software, shall at all times remain the property of myBidMax™. myBidMax™ reserves all rights not expressly granted to you in this Agreement. When purchasing this Software you acknowledge and agree that you are purchasing a license to use the Software. This Software is licensed to you, not sold to you. You further agree that you will not remove, modify, change, or alter any of myBidMax™ copyright, trademark, or proprietary rights notices from any part of the Software, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the installation dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code, or other embodiments originally contained in, or otherwise created by the Software, or in any archival, or back-up copies, if applicable.

4. Transfer of Software. You may not transfer any license rights or other interests in this Software, unless (a) you permanently and wholly transfer all your rights under this Agreement; (b) you retain no copies in any form (whole or partial); (c) you permanently and wholly transfer all of the Software (including license key, component parts, media, printed materials, upgrades, prior versions, and authenticity certificates); and (d) the transferee agrees to abide by all the terms of the current myBidMax™ Agreement at the time of transfer.

5. Update Services. If ordered by you and upon payment of the applicable fees, you are entitled to receive update services after your free update term expires in June 2010, including updates, corrections, and enhancements to the Software as such are made generally available (the "Update services") from myBidMax™ in accordance with myBidMax's current Update service terms for the applicable Update services purchased by you. Update services will not include any releases of the Software which myBidMax™ determines to be a separate product and/or for which myBidMax™ charges its customers extra or separately.

6. Upgrades and Subscription. If you purchase a license from myBidMax™ for the Software which is identified as an "upgrade version" or "subscription", you must have a valid license for the version of the Software which the "upgrade" or "subscription" supplements.

7. Termination. Your license may be terminated by myBidMax™ if (a) you fail to remit payment for services provided and/or (b) you fail to comply with the terms of this Agreement within ten (10) days after receipt of written notice of such failure. In the event of termination you must cease using the Software, destroy all copies of the Software (including copies in storage media) and certify such destruction to myBidMax™. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish any and all rights granted under this Agreement.

8. Relationship of Parties. You and myBidMax™ are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent, subsidiary, or legal representative of myBidMax™.

9. No Third-Party Beneficiaries. There are no third-party beneficiaries of this Agreement.

10. Limited Warranty and Disclaimer of Warranty. myBidMax™ warrants that: it has the right and authority to grant the rights described in this Agreement, and; THE SOFTWARE IS PROVIDED BY myBidMax™ ON AN "AS IS" BASIS. myBidMax™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SOFTWARE OR THE OPERATION OF THE myBidMax™ WEBSITE OR TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, myBidMax™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. myBidMax™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE myBidMax™ SOFTWARE OR THE myBidMax™ WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Further, myBidMax™ does not warrant that the Software will (a) achieve specific results; (b) operate without interruption; or (c) be error free.

11. Limitation of Remedy and Liability. myBidMax™ SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, ACCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGE TO SYSTEMS OR DATA, EVEN IF myBidMax™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. myBidMax's LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID.

12. Governing Law. This Agreement will be governed and controlled under the laws of the state of California, United States of America. The exclusive jurisdiction for any dispute will be the state and/or federal courts sitting in the state of California.

13.Consumer Rights and Protections. Some jurisdictions do not allow certain limitations or exclusions of liability. Therefore the disclaimers and limitations or exclusions of liability contained in this Agreement (Sections 10 & 11) may not fully apply to you and/or you may have additional remedies or rights. Those possible remedies and/or rights will not be affected by this Agreement; however, all other provisions of this Agreement will remain fully in effect.

14. Software Export Regulations. The current version of the myBidMax™ Software is designed to be used in North American market and is subject to all applicable export controls currently in effect under the United States Export Administration Regulations. This Software may not be exported in any fashion to (a) any entities, residents, or citizens of any embargoed countries or any countries subject to trade sanctions; (b) or to any denied or prohibited persons. Information about these restrictions can be found at the following United States Government Website: http://www.treas.gov/ofac/. Under this Agreement you are responsible for any violation of the United States export control laws related to this Software. When you accept this Agreement you confirm that you are not a citizen or resident of any country currently embargoed and/or are otherwise prohibited from receiving the Software by the United States government.

15. Payment of Fees. All fees charged by myBidMax™ are in United States Dollars. Fees and/or the structure of fees are subject to change from time to time without notice. No rebates or refunds will be offered for previously purchased products.

16. Taxes. Fees do not include taxes. If myBidMax™ is required to pay any sales, use, GST, VAT, or any other taxes in connection with your order, other than taxes based on myBidMax™ income, such taxes will be billed to you and must be paid by you.

17. Entire Agreement. This Agreement constitutes the complete and entire agreement and understanding of all terms, conditions, and representations between you and myBidMax™ with respect to the Software and may only be modified in writing and expressly agreed to by both parties. No terms or conditions expressed by you or contained in your purchase order will apply unless expressly accepted and acknowledged by myBidMax™ in writing. Failure to prosecute a party's rights will not constitute a waiver of any other breach.

If any provision of this Agreement is found to be invalid for any reason, the remainder of this Agreement will be enforced to the extent permissible and the remainder of this Agreement will remain in full effect. This Agreement has been written in the English language, and unless a translation is obtained from myBidMax™ you waive any rights you may have under the law of your country or province to have this Agreement provided in any other language through any other source. In the case of any discrepancy or conflict between the translated version provided by us for your convenience and this original English version, the English version will take precedence.

If you have any questions about this Agreement, please contact myBidMax™ Customer Service via email at help@myBidMax.com, or via regular mail to myBidMax, P.O. Box 188, Los Altos, CA 94023.