Regarding the Use of BidKahuna.com

We at BidKahuna.com are striving to preserve the integrity of the site for the use of its members and frequent site visitors. What follows is a list of Terms and Conditions which, if followed, will help keep the BidKahuna.com web site an enjoyable atmosphere for years and years. Please review each item below very carefully before you Agree or Disagree with these Terms and Conditions. If you decide to Agree with them, please be a good steward to the site and follow these guidelines and let us know when you feel our site is being misused. BidKahuna.com reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our home web page. If you have any questions or concerns regarding this outline before making a decision about joining our community, please Contact Us.

1. Disclaimer -- The BidKahuna.com site is provided on an "as is" basis without warranties of any kind, either express or implied, constructive, or statutory, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, or any other implied warranties arising out of course of performance, dealing and/or trade usage. BidKahuna.com does not guarantee or warrant continuous, uninterrupted or error-free access or usage, or that defects will be corrected, or that this web site or the server that makes it available are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties so the foregoing disclaimer may not be applicable in full. This section will be allowable to the maximum extent allowed by applicable law.

   BidKahuna.com does not make any warranty, whether express or implied, or make any representations regarding any content, information, services, or products obtained or provided through or in conjunction with BidKahuna.com. Neither BidKahuna.com, third party information providers, or other content partners make any guarantee regarding the accuracy, correctness, timeliness, sequence, reliability, or completeness of any information or content provided by BidKahuna.com. Additionally, there are no warranties as to the results obtained from the use of the information. Any material downloaded or otherwise obtained through the use of BidKahuna.com is downloaded at the user's own risk.

   The user will be solely responsible for, and assumes the entire cost of, all necessary servicing, repair, or correction in the event of any damage or loss due to content, downloads or any other material or information the user obtains from BidKahuna.com.

2. Limitation of liability -- Under no circumstances and in no event shall BidKahuna.com, its information providers, or content partners, or their respective employees, representatives, agents or licensors (collectively, "the BidKahuna.com parties"), be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or absence of authenticity of, the information contained within the BidKahuna.com web site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. Under no circumstances and in no event shall BidKahuna.com or any of the parties be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to this agreement and/or use of, or inability to use, the BidKahuna.com web site, or the claims of third parties, including users, however caused, under any legal theory (whether in contract, tort, negligence, strict liability or otherwise), even if any BidKahuna.com party has been advised of (or if any BidKahuna.com party is aware of or should have been aware of) the possibility of such damages. In addition, under no circumstances and in no event will the aggregate liability of all BidKahuna.com parties arising out of or relating to this agreement and/or relating to use of, or inability to use, the BidKahuna.com web site, under any legal theory, exceed the amount paid by the user, if any, to access the BidKahuna.com web site.

3. Indemnification -- User agrees to indemnify and hold harmless, and at BidKahuna.com request, defend the BidKahuna.com parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "losses") insofar as such losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the BidKahuna.com web site; or (ii) any misrepresentation of any information, representation or warranty, or breach of this agreement or any other covenant or agreement.

   If any third party brings a claim, lawsuit, or other proceeding(s) against any BidKahuna.com party based on user's conduct or use of BidKahuna.com's web site or services, user agrees to compensate all BidKahuna.com parties (including their respective officers, directors, employees and agents) for any and all losses in connection with any such claim, lawsuit or proceeding.

4. Governing law -- The formation, construction and interpretation of this agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Ohio, U.S.A., as such law applies to agreements between Ohio residents entered into and wholly performed within Ohio, without giving effect to any principles of conflicts of laws. This agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this agreement. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the state and federal court of the State of Ohio, U.S.A. it is hereby agreed that any action at law or in equity arising under this agreement and/or your use of the BidKahuna.com web site shall be finally adjudicated or determined in any court or courts of the State of Ohio or of the United States of America, in Summit County, Ohio, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Ohio law.

5. Termination - You agree that BidKahuna.com may, under certain circumstances and without prior notice, immediately terminate your BidKahuna.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your BidKahuna.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in BidKahuna.com's sole discretion and that BidKahuna.com shall not be liable to you or any third party for any termination of your account, or access to the Service.

6. Acceptance - Your use of BidKahuna.com constitutes acceptance of this agreement. You hereby waive any and all defenses you may have based on the electronic form of this agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this agreement and any additional terms, conditions, rules or procedures imposed by BidKahuna.com or by third party content providers in connection with third-party content, software or services available on, through or in connection with BidKahuna.com.