These terms and conditions are between Oil & Gas Asset Clearinghouse (“OGAC”) and you only. Neither Handbid Inc., a Colorado, USA corporation (“Handbid”), Apple Inc., or Google Inc. are parties to these terms. The Service offered by OGAC is intended to be used with a mobile application offered by Handbid (“Mobile App”). OGAC and not Handbid, is solely responsible for the Service. If you have any issues or questions with regard to the Service, you must contact OGAC. Handbid offers access and use of the Mobile App under separate terms and conditions. All transactions consummated using the Site or Service are solely between Buyer and Seller. Handbid, Inc. has the right, but not the obligation, to monitor any activity and content associated with the Site and Service. Handbid™ may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids). Handbid™ may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as Handbid™ deems appropriate, including without limitation, contacting the individual using such card, canceling bids or an offer to purchase placed by such user, and/or deactivating a Buyer’s account.
You acknowledge and agree that all data and information you provide into the Service will be delivered to Handbid, Inc. for processing in the United States, solely for the purpose of allowing OGAC to provide you the Service.
Handbid Provisions. The provisions in this section are required by Handbid Inc. You and OGAC acknowledge that Handbid has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. OGAC is solely responsible for providing end-user support for the Service. Handbid, in its sole discretion, shall update and maintain the Service. In the event of any failure of the Service to conform to any applicable warranty, you must notify OGAC directly. To the maximum extent permitted by applicable law, Handbid will have no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, as between Handbid and OGAC, will be OGAC’s sole responsibility, subject to all the provisions of this Agreement. As between OGAC and Handbid, OGAC, not Handbid, is responsible for addressing any claim asserted by you or a third party relating to the Service or to your possession and/or use of the Service, including, but not limited to: (i) any product liability claim; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. This Agreement will not be construed or applied so as to limit OGAC’s liability to you beyond what is permitted by applicable law. In the event of any third party claim that the Service or your possession and use of the Service infringe on a third party’s intellectual property rights, as between OGAC and Handbid, OGAC, not Handbid, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and OGAC acknowledge and agree that Handbid, and Handbid’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the provisions of this Agreement, Handbid will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party