terms of use
terms of use
Terms of Use
 

BidShift.com is an Internet-based online information and communication service.

BY ACCESSING OR USING BIDSHIFT.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE BIDSHIFT.COM.

AGREEMENT BETWEEN USER AND BIDSHIFT, INC.

1.        Restrictions on Use.

The BidShift.com Web Site is operated by BidShift, Inc. and/or its affiliates ("BidShift"). The BidShift.com Web Site is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the "Agreement"). Your use of the BidShift.com Web Site constitutes your agreement to all such terms, conditions and notices, as set forth below and in all links to this Agreement.

2.        Modification of These Terms of Use.

BidShift reserves the right to change the terms, conditions, and notices under which the BidShift.com Web Site is offered, including but not limited to any charges associated with the use of the BidShift.com Web Site now or in the future. You are responsible for regularly reviewing these terms and conditions.

3.        Personal and Non-commercial Use Limitation.

Unless otherwise specified, the BidShift.com Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the BidShift.com Web Site. You may download information, software, products or services obtained from the BidShift.com Web Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

4.        Links to Third Party Sites.

The BidShift.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of BidShift and BidShift is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BidShift is not responsible for webcasting or any other form of transmission received from any Linked Site. BidShift is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BidShift of the site or any association with its operators.

5.        No Unlawful or Prohibited Use.

As a condition of your use of the BidShift.com Web Site, you warrant to BidShift that you will not use the BidShift.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BidShift.com Web Site in any manner which could damage, disable, overburden, or impair the BidShift.com Web Site or interfere with any other party's use and enjoyment of the BidShift.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BidShift.com Web Site.

6.        Use of Communication Services.

The BidShift.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). Currently, the Communication Services are provided as free services. BidShift reserves the right to change the nature of this relationship at any time.

You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Your participation in the Communication Services may be edited, censored or otherwise controlled by BidShift; however, BidShift has no obligation to monitor the Communication Services. BidShift reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BidShift reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. BidShift reserves complete and sole discretion with respect to the operation of the BidShift.com Web Site. BidShift may, among other things, delete email if it has not been accessed by a user within the time established by any posted BidShift policies. BidShift will not review the contents of email except as required or allowed by applicable law or legal process.

BidShift 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 BidShift's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BidShift does not control or endorse the content, messages or information found in any Communication Service and, therefore, BidShift specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BidShift spokespersons, and their views do not necessarily reflect those of BidShift.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

7.        Materials Provided to BidShift or Posted on the BidShift.com Web Site.

BidShift may, in its sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto.

BidShift does not claim ownership of the materials you provide to BidShift (including feedback and suggestions) or post, upload, input or submit to the BidShift.com Web Site or its associated services (collectively "Submissions"). However, except as set forth in the Privacy Policy, by posting, uploading, inputting, providing or submitting your Submission you are granting BidShift, its affiliated companies and necessary sublicensees a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. BidShift is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BidShift's sole discretion. BidShift will not release your name or otherwise publicize the fact that you submitted materials or other information to it unless: (a) BidShift obtains your permission to use your name; or (b) BidShift first notifies you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) BidShift is required to do so by law.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

8.        Software Available on the BidShift.com Web Site.

Software (if any) that is made available to download from the BidShift.com Web Site, excluding software that may be made available by end-users through a Communication Service ("Software"), is the copyrighted work of BidShift, Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, BidShift, Inc. hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the BidShift.com Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by BidShift and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

9.        Liability Disclaimer.

Much of information contained in the BidShift.com Web Site is presented for the purpose of educating consumers on wellness and disease management topics and/or educating the public on emerging healthcare issues. Nothing contained in the BidShift.com Web Site is intended to be instruction for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from the BidShift.com Web Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in the BidShift.com Web Site. The information contained in the BidShift.com Web Site is compiled from a variety of sources ("Information Providers"). Neither BidShift nor the Information Providers directly or indirectly practice medicine or dispense medical services as part of the BidShift Web Sites.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BIDSHIFT.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIDSHIFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BIDSHIFT.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BIDSHIFT.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TECHNICAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BIDSHIFT, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BIDSHIFT.COM WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BIDSHIFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL BIDSHIFT 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 THE BIDSHIFT.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BIDSHIFT.COM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BIDSHIFT.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BIDSHIFT.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BIDSHIFT 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 CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BIDSHIFT.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BIDSHIFT.COM WEB SITE.

The example companies, organizations, products, people and events depicted in the BidShift.com Web Site are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

10.    Service Contact.

Click here for service contact.

11.    Termination/Access Restriciton.

BidShift reserves the right, in its sole discretion, to terminate your access to the BidShift.com Web Site and the related services or any portion thereof at any time, without notice.

12.    Copyright and Trademark Notices.

All contents of the BidShift.com Web Site are: Copyright 2004 BidShift, Inc., 5405 Oberlin Drive, San Diego, CA 92121 U.S.A. All rights reserved. Material found on the BidShift.com Web Site contains the valuable properties and trade secrets of BidShift, embodying substantial creative efforts and confidential information, ideas, and expressions, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of BidShift.

Without limitation, the following are trademarks of BidShift: BidShift, BidShift's logo, and BestBid

All other trademarks referenced herein are the property of their respective owners.

Any rights not expressly granted herein are reserved.

13.    Notices and Procedure for Making Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to:

Ilan Lovinsky, Legal Counsel
BidShift, Inc. c/o Wilson Sonsini Goodrich & Rosati
12235 El Camino Real, Suite 200
San Diego, CA 92130

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

14.    Privacy Policy.

BidShift considers its user’s privacy to be of the utmost importance.

Learn more about BidShift's privacy practices.

15.    User Representations.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the BidShift.com Web Site in accordance with this Agreement. You agree to be financially responsible for your use of the BidShift.com Web Site (as well as for use of any account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use or register as a member of the BidShift.com Web Site services, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the BidShift.com Web Site; and (c) the consequences of any use of the Services by such Minor.

16.    Indemnificaiton.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BIDSHIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE BIDSHIFT.COM WEB SITE AND ANY ACCOUNT YOU MIGHT HAVE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE BIDSHIFT.COM WEB SITE.

17.    Waiver, Release and Limitation of Liability.

YOU AGREE THAT NEITHER BIDSHIFT, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE BIDSHIFT.COM WEB SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BIDSHIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE BIDSHIFT.COM WEB SITE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF BIDSHIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

18.    Term & Termination.

Either you or BidShift may terminate your right to use the BidShift.com Web Site at any time, with or without cause, upon notice. BidShift also reserves the right to terminate or suspend any BidShift.com Web Site membership or account without prior notice, but BidShift will confirm such termination or suspension by subsequent notice. In addition, BidShift may withdraw, suspend or discontinue any functionality or feature of the BidShift.com Web Site. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.

19.    General.

This agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the BidShift.com Web Site. Use of the BidShift.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Any cause of action or claim you may have with respect to BidShift must be commenced within one (1) year after the claim or cause of action arises. BidShift’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BidShift may assign its rights and duties under this Agreement to any party at any time without notice to you.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BidShift as a result of this Agreement or use of the BidShift.com Web Site. BidShift's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of BidShift's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BidShift.com Web Site or information provided to or gathered by BidShift with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and BidShift with respect to the BidShift.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BidShift with respect to the BidShift.com Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20.    Notice.

BidShift may deliver notice to you under this Agreement by means of electronic mail, a general notice on the BidShift.com Web Site, or by written communication delivered by first class U. S. mail to your address on record in BidShift’s account information. You may give notice to BidShift at any time via electronic mail or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

BidShift, Inc.
Attn: Ian Chaplin, Web Content Team Lead, BidShift.com
5405 Oberlin Drive
San Diego, CA 92121 USA

Click here to contact us via web mail.

LEGAL

This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.

Information may be changed or updated without notice. BidShift, Inc. and its affiliates ("BidShift") may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Except for where specifically covered by the Privacy Policy, BidShift does not want to receive confidential or proprietary information from you through its Web site. Please note that any information or material sent to BidShift that is not covered by the Privacy Policy will be deemed NOT to be confidential. Except where covered by the Privacy Policy, by posting, uploading, inputting, providing or submitting in information to the BidShift.com Web Site, you are granting BidShift, its affiliated companies and necessary sublicensees a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use the information in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the information; and to publish your name in connection with your information.

No compensation will be paid with respect to the use of your information, as provided herein. BidShift is under no obligation to post or use any information you may provide and may remove any information at any time in BidShift's sole discretion. However, BidShift will not release your name or otherwise publicize the fact that you submitted materials or other information to it unless:

(a) BidShift obtains your permission to use your name; or

(b) BidShift first notifies you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or

(c) BidShift is required to do so by law.

Learn more about BidShift's privacy practices.

Global availability:

Information BidShift publishes on the World Wide Web may contain references or cross references to BidShift products, programs and services that are not announced or available in your country. Such references do not imply that BidShift intends to announce such products, programs or services in your country. Consult your local BidShift business contact for information regarding the products, programs and services which may be available to you.

BidShift's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from BidShift off this web site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Business relationships:

BidShift makes no representations whatsoever about any other Web site which you may access through BidShift.com Web Site. When you access a non-BidShift Web site, even one that may contain the BidShift-logo, please understand that it is independent from BidShift, and that BidShift has no control over the content on that Web site. In addition, the BidShift.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of BidShift and BidShift is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BidShift is not responsible for webcasting or any other form of transmission received from any Linked Site. BidShift is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BidShift of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL BIDSHIFT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF BIDSHIFT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.