General Website Terms and Conditions

This page states the Terms and Conditions (the "General Terms" or the "Agreement") under which any User ("User") may use the Bidcomhomes Web Site located at http://www.bidcomhomes.com (the "Web Site"). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation or qualification, by these Terms. If User does not accept any of the Terms stated here, User must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. The Bidcomhomes.com ("Bidcom") may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page (http://www.bidcomhomes.com/terms.htm) periodically to review the Terms.

YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE. GENERAL TERMS

Section 1. Changes

Bidcom reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Web Site and any and all features and sections contained therein, with notice to registered users provided via posting to the Website or email, and immediately in the event of technical difficulties. Bidcom shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.

Section 2. IP Rights and Ownership

The contents of the Web Site, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Web Site ("Material") are protected by copyright under both Canada and foreign laws, and are owned or controlled by Bidcom or by third parties that have licensed their Material to Bidcom. Unauthorized use of the Material may violate copyright, trademark, and other laws. User must retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User may download Bidcom's copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of Bidcom and the copyright owner. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by Bidcom or third parties. User is prohibited from using those Marks without the express, written permission of Bidcom or such third party. If User would like information about obtaining Bidcom's permission to use the Material on Your website, e-mail info@bidcomhomes.com, Bidcom and all related logos, whether or not registered, are trademarks belonging to Bidcom. All rights reserved. All other trademarks appearing on the Web Site are the property of their respective owners.

Section 3. Links

Bidcom, [or any Member] may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by Bidcom of the contents on such third-party Web sites. Bidcom is not responsible for the content of linked third-party sites. Bidcom exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party Web sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. Bidcom shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge their use of these third party websites is at their sole risk.

Section 4. Representations and Warranties - Liability Disclaimers

User represents, warrants and covenants that (a) they will use the Web Site for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane in the sole discretion of Bidcom, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of Bidcom). The Material may contain inaccuracies or typographical errors. Bidcom makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation.

USER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT USER'S SOLE RISK. NEITHER BIDCOM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ICSC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

Section 5. Disclaimers of Certain Damages

IN NO EVENT SHALL BIDCOM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BIDCOM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. UNDER NO CIRCUMSTANCES SHALL BIDCOM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.

Section 6. Indemnity

User agrees to defend, indemnify, and hold harmless Bidcom, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Web Site and any Material contained therein by User or through User's account, or by User's breach of the terms of this Agreement. Bidcom shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding. Bidcom reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by User.

Section 7. User Information

Bidcom is committed to maintaining User privacy. Bidcom does, however, gather certain information that User provides to the Web Site. Bidcom believes that by collecting this information Bidcom is able to provide User with a personalized web experience, and to assist its own sales team and advertisers in efficiently reaching an appropriate audience. The information Bidcom requests, is the minimum we believe necessary to achieve this goal. Bidcom may use the information it obtains relating to User, including User IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to authorized third parties for such purposes..

Section 8. General

All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the Province of Alberta applicable to all contracts entered into and performed within and/or outside of the Province of Alberta, without respect to its conflict of laws principles. By using the Web Site, User agrees that the exclusive forum for any claims or causes of action arising out of User's use of the Web Site shall be either any provincial court for or within Edmonton in the Province of Alberta. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and Bidcom with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Bidcom. The section headings used herein are for convenience only and shall not be given any legal import.

SPECIFIC TERMS

This page states the Terms and Conditions (the "Specific Terms" or the "Agreement") under which any User ("You") may use the Bidcom Web Site located at http://www.bidcomhomes.com (the "Web Site"). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation or qualification, by both the General Terms & Conditions for use of the Bidcom site, and these additional Member Terms. If User does not accept any of the Terms stated here, he/she must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. The International Council of Shopping Centers ("Bidcom") may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page (http://www.bidcomhomes.com/terms.htm) periodically to review the Terms. Each User is responsible for all use of his/her information and is responsible for maintaining the confidentiality of his/her password. These Specific Terms and Conditions incorporate the General Terms of Conditions of the Bidcom site by reference. Each User hereby understands that he/she is bound by all General and Specific terms and conditions which may be implemented by BIDCOM from time to time. YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.

Section 1 Submissions

All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that the User, and not Bidcom, is entirely responsible for all User Content that he or she uploads, posts, emails or otherwise transmits via the Web Site. No User shall transmit User Content or otherwise conduct or participate in any activities on the Web Site which, in the opinion of Bidcom's counsel, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities which (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless User is the owner of the rights or has the express written permission of the owner to post or transmit such material to the Web Site; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) is sexually-explicit; (5) is an advertisement or solicitation of business or advocates an unsolicited or unrelated position or opinion; (6) represents any form of "chain letters" or pyramid scheme; (7) impersonates another person or entity; (8) intentionally or unintentionally violates any applicable local, state, national or international law while using or accessing the Web Site or the Materials; or (9) contains a virus, trojan, back door, logic bomb or any other form of malicious code. User hereby waives all copyright, moral rights and any other right to any User Content which he/she submits, and grants to Bidcom a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify adapt, publish, translate perform, display and distribute such User Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereinafter developed for the full term of any copyright in such User Content, and to sublicense such rights through multiple tiers of sublicensees. User also hereby grant all other Users the right to copy, download and store his/her User Content for User's personal use. Bidcom does not control User Content. Bidcom has the right but not the obligation to monitor submissions by Users, and reserves the right to modify, move or remove any User Content at any time and for any reason in its sole discretion, as well as the right to terminate User access to the Website for any reason in its sole discretion including, without limitation, foul language, attempted commercial use of the Web Site, threats, discriminatory, racist or abusive language, or any behavior which is deemed objectionable by Bidcom. Users are responsible for their own communications and are solely responsible for the consequences of posting any User Content. Bidcom does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User about communications that allegedly do not conform to any term of this Agreement, Bidcom may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Bidcom has no liability or responsibility to Users for performance or non-performance of such activities. Bidcom reserves the right, in its sole discretion, to restrict Users access to the Web Site for violating this Agreement or the law. Bidcom also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bidcom's sole discretion.

BIDCOM DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON USER CONTENT POSTED BY OTHER USERS WILL BE AT HIS/HER SOLE RISK.

Section 2. Registration

To gain a greater level of access, User must be authorized by Bidcom and then once authorized, the User will select a password, and be assigned an ID number. Each User is expressly prohibited from using another User's ID without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of that User's authorization. Each User shall be solely responsible for maintaining the confidentiality of their password.

Each User shall notify Bidcom of any known or suspected unauthorized use(s) of his/her account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of his/her confidential information.

Section 3. Communication

Bidcom reserves the right to send User's electronic mail for the purpose of informing Members of changes or additions to the Web Site, this Agreement and any other service provided by Bidcom.

Privacy Policy

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used. All capitalized terms not defined in this Privacy Policy shall have the meanings assigned to them in the Terms and Conditions for use of the Web Site.

The Information We Collect

The type of personally identifiable information that Bidcom collects includes: name, address, e-mail address, telephone number, fax number, credit card information, and may also include information about your interests in and use of various products, programs, and services.

The Web Site also allows you to submit information about other people. For example, you might submit a person's mailing and e-mail address to enroll them in an Bidcom seminar, or if you order publications online and want them sent directly to the recipient, you might submit the recipient's name and address. In addition, when Bidcom members forward Bidcom seminar invitations to third parties, we may collect certain personally identifiable information from those third parties, such as their email address.

We also may collect certain non-personally identifiable information when you visit the Web Site, such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider.

How We Use the Information

We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, programs or services that we believe may be of interest to you.

We sometimes use this information to communicate with you, such as to notify you when we make changes to our subscriber agreements, to fulfill an online order for Bidcom products, or to contact you about issues regarding your membership.

We use the information that you provide about others to enable us to send them the relevant information which you have requested for them. From time to time, we also may use this information to offer our products, programs, or services to them.

The information we collect in connection with our online discussion forums is used to facilitate participation in the forums and, from time to time, to offer you products, programs, or services.

If you choose to submit User Content for publication, we may publish your name and other information you have provided to us.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our products, programs and services and to enable us to provide a more tailored interface for individual Users.

We may disclose any User's personally identifiable information in response to a law enforcement agency's request or legal process, for example, in response to a court order or a subpoena.

Agents and contractors of Bidcom who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for Bidcom. Bidcom members and non-members who have access to personally identifiable information of members and other individuals through the use of the Bidcom website are also required to protect this information in a manner that is consistent with this Privacy Notice, and are required to use such information strictly for business related purposes.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice or as otherwise permitted by law. Please see section 5 of the Terms & Conditions.

On occasion, Bidcom may disclose personally identifiable information to companies whose practices are not covered by this privacy notice (e.g., marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you.

We may, on occasion, combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you.

Finally, Bidcom will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above. Collection of Information by Third-Party Sites and Sponsors

The Web Site may contain links to other sites whose information practices may be different from ours. Users should consult the other sites' privacy notices as Bidcom has no control over information that is submitted to, or collected by, these third parties.

The Bidcom sites covered by this Privacy Notice sometimes may offer content which is co-branded with third parties (the "Co-Branded Content"). By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to use the Co-Branded Content. Bidcom has no control over third party use of this information.

Bidcom may use a reputable third party to present or serve the advertisements that you may see at its Web pages. Our privacy policy does not cover any use of information that a third-party ad server may have collected from you.

Cookies

To enhance your experience with our site, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (e.g., to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to offer you products, programs, or services.

Our Commitment to Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

Effective Date and Amendments

This Privacy Policy is effective as of March 1, 2012. Bidcom reserves the right to amend this Privacy Policy at any time for any reason. Amendments to the policy will be posted to this site.

Billing and Payments

Bidcomhomes.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Bidcomhomes.com all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Bidcomhomes.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Bidcomhomes.com may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

Refunds

Unless otherwise explicitly stated in its policies or terms, Bidcomhomes is not responsible for refunds, returns, exchanges or credits of any kind. Refunds will not be provided to a paid User who purchases a "Bid Bundle" in error.

We are only responsible for refunds through the Site in the case of a transactional error, website malfunction or incorrect charges. Because transactional information is available via email to the paid User, failed delivery of Bidcomhomes emails to its Users does not constitute grounds for a refund. Refunds will not exceed the purchase price of the chosen "Bid Bundle" purchase.

If for any reason, the price billed is grossly understated or overstated, regardless of the price indicated or posted on this Site, Bidcomhomes reserves the right to cancel the listing and refund the amount paid.

All amendments or cancellations are subject to our examination. We will process your refund request as soon as possible.

Refund Requests

Refund requests from paid Users should be sent to info@bidcomhomes.com and will be handled on an individual basis.

How to Contact Us

If you have any questions or concerns about this policy or its implementation you may contact us at info@bidcomhomes.com.