1. Acceptance. This Agreement is accepted as part of the subscription service with EHB (eHomeBid.com),
as of the date on the "Registration Agreement". The receipt of this agreement is binding.
2. Term and Termination. Upon expiration of the initial term stipulated on the "Customer Registration Form"
(1 year subsequent to the "Register Date", attached), this Agreement shall be continued and services
provided, under the same terms and conditions specified in this Agreement and any written amendments
hereto, but subject to termination by either party within thirty days of the "anniversary date",
should they choose not to continue with our service(s).
3. Renewal & Rate Changes. Upon, or anytime after the expiration of the initial term, EHB shall have the right to change subscription rates upon written notice to the Customer, and unless the Customer exercises the option to terminate, this Agreement as provided in paragraph 2, Customer agrees to pay in accordance with the new rates.
4. Ownership and Use of this information. All information, either written or oral, supplied to the Customer under this Agreement (hereinafter the "information"), remains the exclusively owned unpublished property of EHB, both before and after it receipt by the Customer, which has only limited non-exclusive, and non-transferable license to use the information per the terms and conditions hereinafter set forth. The information is solely and exclusively for the internal use of the Customer, and is not for use by any other person or entity. Access to the information may be granted by Customer to agents only after obtaining written consent of EHB, and only if the applicable EHB rates are paid. Customer shall not, without the prior written consent of EHB transfer, assign, publish, reproduce, divulge, distribute disseminate or convey any of the information supplied and licensed under this Agreement, or any derivation, revision or combination of such information. Customer expressly acknowledges that the information, supplied and licensed under this Agreement was compiled, prepared, revised, selected and arranged by EHB through the expenditure of substantial time, effort and money, and constitutes valuable intellectual property and trade secrets of EHB. Customer agrees to protect the copyright and other proprietary rights of EHB of the information both during and after the term of this Agreement, and Customer shall honor and comply with reasonable written requests made by EHB to protect these contractual, statutory and common law rights in the information licensed hereunder.
5. Delivery to third parties. If, in conjunction with its internal use of the information supplied by EHB, "Customer" to deliver such information to any third party (such as a computer service bureau, research firm, other contractor, etc.) Customer must first obtain the prior written consent of EHB to such delivery to the particular third party and a written statement (on the form supplied by EHB) from such a third party that while the information is in its custody it will hold the information in the same strictest confidence and subject to the same restrictions imposed on Customer will process it only for the benefit of the Customer.
6. Limitation of Liability. EHB MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE ATTAINED BY CUSTOMER FROM THE USE OF THIS INFORMATION AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICUALR PURPOSE OR USE. The information shall be obtained from sources considered by EHB to be reliable, but the accuracy and completeness thereof is not guaranteed, and EHB shall have no liability fro errors omissions, or inaccuracies or defects or failures of machines, media or materials used regardless of the source or cause. EHB shall not have any liability for any lost profits or for punitive or consequential damage or any claim against Customer made by any third party. It is agreed that EHB's liability for damages (regardless of the form of the action) shall be limited to, at EHB's option, to (a) replacement information, or (b) the prorated amount of the subscription paid for 1 months service and that this shall be Customers exclusive remedy. No action, regardless of form, arising out of this Agreement may be brought by Customer more than (1) year after the cause of action has occurred.
7. Cancellation Policy. At anytime the "Customer" may cancel with written notice stating their desire to cancel. EHB will have 7 days to respond to that notice and correct the problem(s), to the customers satisfaction, OR the account will be de-activated at that point (If EHB fails to respond in the 7 days, cancellation will be accepted based on the date of the correspondence. At that point we will no longer bill your account as of the date of cancellation. Any monies/funds collected up to that point will be retained by EHB for services rendered. This notice must be faxed, or emailed to
info@ehomebid.com. EHB can cancel this agreement for breach or "acting in bad faith", at any time with 30 days written notice.
8. Acts of God. EHB shall not be liable for any defect or delay in performance resulting form strikes, fires, accidents, acts of God or the government or the public enemy, or any other cause beyond the control of EHB.
9. Breach of Contract. In the event of any breach by Customer of the terms and conditions of this Agreement, EHB shall have the right to terminate this Agreement and discontinue services by giving the Customer written notice of immediate termination. In the event of any breach, or threatened breach, by Customer of the terms and conditions of this Agreement, EHB shall have the right to obtain specific performance of this Agreement in addition to any other rights and remedies it may have at law or in equity.
10. General. This Agreement shall not be assignable by either party, in whole or in part, without prior written consent of the other party. Except that EHB shall be permitted to assign the whole Agreement or part thereof to any affiliate of EHB. The written terms and provisions of this Agreement, or attached hereto contain the entire Agreement between both parties, including all terms and conditions. No oral Agreements or understandings will be recognized. This Agreement may be amended by EHB by giving prior written notice to the Customer, at any time, such amendments shall be binding unless the Customer terminates this Agreement by giving notice to EHB within thirty (30) days of the receipt of EHB's notice. This Agreement shall be subject to the laws of the State of Utah and subject to the jurisdiction of the courts of that state.