Terms of Use

These Terms of Use (Terms”) apply to you as a member, being a user, or advertiser at H2Sell.com (“H2Sell”). H2Sell is a service offered by H2bid, Inc. (“H2bid”). When you use H2Sell you agree to all of these terms.

You agree that by clicking “Join Now,” “Join H2Sell,” “Sign Up,” or similar, registering, accessing or using H2Sell, you are agreeing to enter into a legally binding contract with H2bid (even if you are using H2Sell on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use H2Sell. If you wish to terminate this contract, at any time you can do so by sending an email to info@h2bid.com and no longer accessing or using H2Sell.

You agree to use H2Sell only for purposes that are permitted by these Terms, any additional terms we may provide, and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. Subject to all of the provisions of these Terms, H2bid hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use H2Sell solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with H2bid. Your right to use H2Sell is not transferable. You acquire no rights or licenses in or to H2Sell and materials contained therein other than the limited right to access and utilize H2Sell in accordance with these Terms. If you are accessing H2Sell via any applications available via third parties (collectively “Third Party Outlets”) including, without limitation, Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms are entered into by and between you and H2bid only, and that none of the Third Party Outlets are a party to these Terms.

You must maintain your email account that you used when signing up at H2Sell. You agree to receive e-mails about advertising from H2Sell.com.

By using H2Sell or creating an account, you are agreeing to these Terms. Any violation of these Terms may lead to termination of your account, cancellation of any Cash or other items posted to your account including referrals, as well as any other applicable legal remedy. If you do not agree to these Terms, you must not use H2Sell.

Your continued participation in H2Sell following our posting of a change in policy notice or new Terms on H2Sell will constitute your binding acceptance to the change. You agree and acknowledge that you will review these Terms on a regular basis and you further agree that upon logging in and viewing the site you are deemed to have reviewed and accepted the latest revisions/modifications to the Terms of this agreement.

We do not charge you to use H2Sell. Instead, businesses and organizations pay us to show you ads for their products and services. By using H2Sell, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.

We do not sell your personal data to advertisers, and we do not share information that directly identifies you (such as your name, email address or other contact information). Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We may provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content.

If you have any questions or concerns regarding these Terms or your use of any H2bid Site (including H2Sell) or any of our services, please contact us by using the “Contact Us,” or sending an email to info@h2bid.com, or by mail to: H2bid, Inc., 7710 Hazard Center Drive, Suite E-402, San Diego CA 92108; Attention: Customer Service.

Your use of our services is also subject to our Privacy Policy which covers how we collect, use, and store your personal information.

By using H2Sell, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by these Terms; (ii) shall use H2Sell only as permitted by these Terms, and any applicable Additional Terms, and not for any unlawful purpose; and (iii) are eighteen (18) years of age or older. If you are under the age of 18, you are not allowed to use H2Sell.

You agree that you will not engage in any activity that interferes with or disrupts H2Sell (or the servers and networks which are connected to H2Sell) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our services for any purpose. You further agree that your use of H2Sell shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout H2Sell. You agree to comply with the instructions set out in any robots.txt file present on H2Sell. Without limiting the generality of the foregoing, you agree not to use H2Sell in order to:

• Access (or attempt to access) H2Sell by any means other than through the interface that we provide;
• Share a single account with any person other than the registered account holder;
• Create and/or use multiple accounts (i.e. only one account is permitted per person);
• Maintain or use any false identity or multiple identities, or otherwise fail to participate in H2Sell using your real identity and accurate contact, demographic and other information;
• Submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any use of H2Sell;
• Post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
• Post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion;
• Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise act in an offensive or objectionable manner;
• Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the service, other users’ computers, or access to or functionality of H2Sell;
• Violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through H2Sell in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
• Attempt to obtain account information, passwords or other private information from other members;
• Improperly use support channels or complaint buttons to make false or frivolous reports to H2bid (or H2Sell) or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;
• Develop, distribute, make use of, or publicly inform other members of: “auto” software programs, “macro” software programs, web crawlers or other script or “cheat utility” software programs or applications;
• Abuse any of H2Sell in a manner that does not reflect normal or appropriate human usage; or
• Exploit, distribute or publicly inform other members of any error, miscue or bug (“Error”) that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our services. If you find an Error, we kindly request that you report it to our appropriate support team by using the “Contact Us” or similar contact link on the H2Sell site, or by mail to: H2bid, Inc., 7710 Hazard Center Drive, Suite E-402, San Diego, CA 92108, Attention: Customer Service.

If we determine in our sole discretion that you have violated these Terms, H2bid may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending any or all accounts you have created (or which are associated with you) using our services. However, you acknowledge and agree that H2bid need not provide you with any warning or notice before terminating or suspending your account(s) and/or your access to H2Sell for any reason, at its sole and absolute discretion.

You agree that your use of H2Sell shall be at your own risk.

To the maximum extent permitted by applicable law, H2bid, and its affiliates, partners, employees, and agents, disclaim any and all guarantees, warranties and representations, express or implied, in connection with H2Sell and your use thereof, including THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR ACCEPTABLE QUALITY, ACCURACY, AUTHORITY, COMPLETENESS, USEFULLLNESS, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. To the maximum extent permitted by applicable law, H2bid makes no guarantees, warranties, or representations about the accuracy or completeness of the content of H2Sell, or the content of any sites linked to H2Sell, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of H2Sell, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our H2Sell, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through H2Sell by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via H2Sell, and/or (vii) tax liability imposed against you by any taxing authority.

The foregoing disclaimer includes but is not limited to reliance by you or any third party on any content or information obtained through the use of H2Sell, or any damage or harm resulting from any mistakes or omissions in, or delays in transmission of, information to or from H2Sell, interruptions in telecommunications connections to H2Sell, or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to H2Sell. You are responsible for verifying any information before relying on it. Use of H2Sell is at your sole risk. H2bid makes no representations or warranties that use of H2Sell will be secure, uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from H2Sell or from linked websites is free of viruses or similar destructive programs.

You acknowledge that H2bid shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree to indemnify and hold H2bid, and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to H2Sell; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of H2Sell; and/or (v) any content you post or share on or through H2Sell. You agree that H2bid will not be liable for, or be required to provide any compensation to you with respect to, the termination of any program or any associated account(s), including without limitation any points, rewards, prizes, or credits in your account(s) or otherwise existing in your favor at the time of termination. Sometimes when you use H2Sell, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals. You agree that we are not responsible for the loss or impairment of any points, rewards, prizes, or credits, regardless of monetary value.

All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied as part of H2Sell are excluded to the fullest extent permitted by applicable law. Any liability H2bid may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the services (or equivalent services) or re-performing the services, at H2bid’s sole option. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of H2Sell, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) we are no longer providing all or any portion of our services to users in the jurisdiction in which you are resident or from which you use our services; or (iii) the provision of our services to you is, in our opinion, no longer commercially viable or if in our judgment we deem it necessary.

For any claim, cause of action, or dispute you have against H2bid that arises out of or relates to these Terms or otherwise related to H2Sell (“claim”), you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of California or a state court located in San Diego County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.

We cannot predict when issues might arise with H2Sell. Our products and services are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you or any third party for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or H2Sell, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the H2bid products or services will not exceed the greater of $100 or the amount you have paid us as an advertiser in the previous three months.

In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. H2bid is not responsible if your PC becomes infected with malware, virus or other program that affects the performance of your PC. It is the member’s responsibility to maintain a good anti-virus and anti-malware program on their system. H2bid is not responsible for any repair or virus removal bills that may be incurred if the member feels he/she was infected from an ad on our website.

1. These Terms make up the entire agreement between you and H2bid regarding your use of H2Sell.
2. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
3. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
4. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
5. We reserve all rights not expressly granted in these Terms to you.

In the event your e-mail account on file becomes closed or blocked to messages from H2Sell, your account may be terminated. This especially applies to e-mail accounts returned for being full. Any member sending us gibberish will result in automatic termination of account and forfeiture of all earnings to date of termination. Auto-responses may also be deleted immediately.

H2Sell is controlled, operated, and administered by H2bid from its offices within the United States of America. The Company makes no representation that materials on H2Sell are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents available through H2Sell are illegal is prohibited. You may not use H2Sell or export the content in violation of U.S. export laws and regulations. If you access H2Sell from a location outside of the United States, you are responsible for compliance with all local laws.

You are not permitted to use H2Sell, including making any purchases of products or services through H2Sell, if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation.

You must comply with all applicable laws and regulations.

You may not create more than one account with H2Sell. In addition, we do not allow:

1. More than one account in the same household
2. More than one account with the same mailing address
3. More than one account using the same computer, device, or IP

In connection with your H2Sell account, you will have a password. You are responsible for keeping your password confidential and secure, and you are responsible for all actions taken using your Password. H2bid is not liable for loss of earnings due to theft from outside sources to your member account due to the email/password being used by anyone other than the member.

To create an account, receive cash, or to otherwise use H2Sell, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater. By accessing any Internet service provider, you indicate that you are eligible for membership. H2bid assumes no financial or legal responsibility for actions completed through misrepresentation of age by a member or members.

Members are responsible for selecting a secure and reliable mail delivery address for their payments and other communications. We are not responsible for any stolen or lost payments and will not replace payments allegedly cashed improperly by third parties so long as such payment was sent to the mailing or email address as indicated in member account at the time such payment was processed. If the member household mailbox or electronic format (Wi-Fi, mobile device, computer) to receive payment is not secure, we recommend members obtain a secure post office box or secure computer access means at the member’s expense.

By agreeing to these Terms, you are agreeing that you will also follow these rules: (1) Do not publicly display or use the H2Sell website /features to share inappropriate content or material including but not limited to: nudity, pornography, graphic violence, use harassing, profane or hate comments to employees of site and/or its members. This includes the site and all forms of social media (e.g., H2Sell, Twitter, Instagram and other forms of social media). Failure to comply may result in the cancellation of account and earnings. (2) You are responsible for all usage on your account, whether or not authorized including your log in, password and account information. (3) Members are required to follow the requirements set by the site and its advertisers and any attempt to violate the requirement of a cash earning activity or the site (invalid data, ad blocks, VPN/Proxy, using feature not as intended) may result in the closure of the account and ineligibility to any earnings on the account.

a. Tracking

Members can use their Referral URL to refer other members to H2bid. Because H2bid allows only one account per Computer, violation of the terms can result in the cancellation of one or all accounts and earnings removed.

b. SPAM and Unsolicited Email

Members may not SPAM (send unsolicited email to persons they do not know) in order to refer other members to H2bid. We cannot possibly list all acceptable and unacceptable methods of advertising. If a member has a specific question as to whether or not a particular advertising method is acceptable, they should contact us prior to engaging in that action.

c.Refer-a-Friend Service

H2Sell.com may include a Refer-a-Friend service. Members may use our Refer-a-Friend Service to automatically send an Email notification to their friends. However, if the member’s Refer-a-Friend email results in a SPAM complaint, the member’s account may be canceled. Members should use the Refer-a-Friend Service to notify only their close friends and those that have given permission to send emails to them.

d. False Advertising and Testimonials

Members may not make untrue or exaggerated statements when advertising via H2Sell or engage in any unfair or deceptive trade practice as defined by law. For example, a member may not put on their own website, blog or social media account: “Join H2Sell and get paid $50.00 for every Email you read!” If the member provides information about H2bid to others through any communication tool, they must ensure the information is updated and accurate according to H2bid. A member’s account may be canceled for false advertising.

You must be especially careful to obey applicable laws and regulations regarding testimonial or endorsement by you recommending H2Sell, an Advertiser, or Cash Activity, so that such testimonial or endorsement is not false or misleading. For example, if you made an online statement recommending H2bid, then you should also disclose the material connection between yourself and H2bid. For detail, please see the FTC’s guidance on testimonials and endorsements:

http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf

You, and not H2bid, are solely responsible for any endorsements or testimonials you make regarding any product or service made on or through H2bid’s services, including H2Sell.com.

e. Duplicate Accounts

Duplicate accounts will be closed and earnings removed.

a. Minimum Cash Request Requirement

NO REDEMPTION OF CASH UNTIL YOU HAVE AT LEAST TEN DOLLARS POSTED TO YOUR ACCOUNT ($10.00) (the “minimum payment amount”). The terms “cash,” “dollars,” and similar terms are used interchangeably in this document and throughout our Internet service providers, but it is important to note that cash posted to your account is unearned and a contingent obligation as described below and otherwise herein. You have no right to redeem the “cash” in your account, and we have no liability or obligation to pay you whatsoever, unless and until you have earned at least the minimum payment amount in your account and have otherwise complied with these terms and conditions which is entirely contingent upon: (1) your accrual of at least the minimum payment amount in your account, and (2) your full compliance with these terms and conditions., The “cash” in your account has no cash value and may be cancelled at any time pursuant to these terms and conditions.

b. Requesting Payment

You can request payment of the Cash in your account, subject to the remainder of these Terms, by clicking “Request Payment” or similar link located on the member account page and completing all additional steps relating to verification of information and completion of request. As noted above, you may not request payment and the Cash in your account which has no actual cash value until at least the Minimum Payment Amount is posted to your account and the conditions herein are otherwise satisfied. A description of each payment request method will be displayed, and if the member’s account balance is large enough, a link to request payment will be displayed. Currently, the Minimum Payment Amount required when requesting a payment is $10.00; however, this amount may change. Members may have only one pending payment request at a time. All payment requests must be made for the total amount present and available, minus any applicable fees. Payment methods are dependent on and may be affected by geographic location of the member, including the availability of payment options offered.

In addition, requests made for payments facilitated by a third-party payment provider are subject to any and all applicable terms and conditions set by, and/or fees incurred through that provider. Members selecting payments facilitated by a third-party payment provider are responsible to review all terms/conditions governing said provider prior to completing that request. By completing a request for payment through a provider, you are indicating that you have reviewed and agree to those terms/conditions.

c. Tax Matters

You are responsible for any and all tax liability arising from or associated with your use of H2Sell.com or your redemption of Cash for cash or other items. We may require you to provide necessary tax information about yourself prior to receiving payment when requesting payment greater than $300 at one time or cumulatively during a calendar year. H2bid will file a 1099 tax form for any U.S. member who earns $600 or greater in one calendar year from our company, H2bid, Inc.

d. Payment Schedule

Requests to process Cash as a payment once the minimum amount is met, will be processed as soon as we can.

e. Independent Contractor

You and H2bid are independent contractors as to one another. You are not H2bid’s agent or employee for any purpose and shall not hold yourself out as H2bid’s agent or employee.

f. Contact Us

Our contact information is:

H2bid, Inc.
7710 Hazard Center Drive, Suite E-402
San Diego, CA 92108
USA

g. Limitation on Claims

You agree that any cause of action arising out of or relating to these Terms or your use of any Internet service provider will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred.

You agree that in the event you have or may have any alleged claim against H2bid or any related entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against H2bid or any related entity.

If any provision of these Terms is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision cannot reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You may not sell, assign, or otherwise transfer any rights under these Terms, including any account, cash, or other benefit. Any entitlement to compensation will be extinguished if you die, with no right of survivorship. You may not bequeath, assign, or encumber any compensation under these Terms.  H2bid may assign or transfer its rights and obligations under these Terms. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. These Terms, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections of these Terms, other than those sections dealing with your future accrual of Cash, survive expiration or termination of this Agreement, your account or your right to use or visit H2Sell for any reason.

Members may earn by viewing the ads connected to their accounts, which may include visiting the advertiser websites after they have logged into their H2Sell account. Members may also have the opportunity to earn by referring other members to H2Sell and the referred persons view applicable ads as required.  Members can earn a portion of the advertising revenue collected by H2bid.

Websites containing malicious script or code, excessive pop-ups, or viruses are prohibited. In summary, and without being exhaustive, no sites promoting the follow shall be submitted to H2Sell:

• Adult Content or Sexually Themed Material
• Drugs and Drug Paraphernalia
• Tobacco Sales
• Discriminatory Practices
• Hate / Violence Sites
• Weapons Sales
• Pharmaceutical Sales
• Illegal Downloads including movies, MP3, software etc.

H2bid reserves the right to reject advertisements at our sole discretion. No refunds will be given for any amounts paid for ads that have been viewed by members.

These Commercial Terms, in addition to the above Terms, apply to your access or use of H2Sell for a business or commercial purpose (except where we state that separate terms apply to such access or use of H2Sell). Business or commercial purposes include placing ads, selling products or services, developing apps, managing a page, managing a group for business purposes, or using our measurement services regardless of the entity type.

You agree that you will ensure that any third party on whose behalf you access or use H2Sell for any business or commercial purpose will abide by the applicable Terms of Use, including these Commercial Terms, the Terms, and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms.

As more fully described below, if you reside in the United States or your business is located in the United States, these Commercial Terms require the resolution of most disputes between you and us by binding arbitration pursuant to the American Arbitration Association’s Commercial Arbitration rules on an individual basis; class actions and jury trials are not permitted. Each party will bear their own costs in any arbitration arising out of any dispute related to H2Sell.

A. Compliance with Laws: You represent and warrant that your access or use of H2Sell for business or commercial purposes complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules, and regulations, including geo-filtering or age-gating access where required. In addition to and without limiting the requirements about who can use H2Sell, if you are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to you) you may not engage in commercial activities on H2Sell unless authorized by applicable laws. If you are on the U.S. Treasury Department’s list of Specially Designated Nationals (or an equivalent list), you may not engage in commercial or business activities on H2Sell (such as advertising or payments). You also may not access or use H2Sell if you are prohibited from receiving products, services, or software under applicable law.

B. Data Restrictions:You may not send us information prohibited by applicable Terms or policies. In addition, you may not send to us, or use H2Sell to collect from people, information that: (i) you know or reasonably should know is from or about anyone under the age of 18; or (ii) includes health, financial, biometrics, or other categories of similarly sensitive information (including any information defined as sensitive under applicable law); except in cases where you are sending financial information for the express purpose of effecting a financial transaction either with us or as enabled by H2Sell.

C. Limits on Liability: In addition to and without limiting the scope of the limits on liability section in our Terms, you agree that we are not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.

If you are a California resident, you agree to waive California Civil Code § 1542, which says:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Our aggregate liability arising out of or relating to any access or use of H2Sell will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past three months.

D. Disputes:

Commercial Claims: This Section D applies to any claim, cause of action, or dispute that arises out of or relates to any access or use of H2Sell for business or commercial purposes (“Commercial Claim”) between you and H2bid.

a. U.S. Commercial Claims: If you reside in the United States or your business is located in the United States:

• You agree to arbitrate Commercial Claims between you and H2bid. This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of your or our confidential information or trade secrets, or efforts to interfere with H2Sell or engage with H2Sell in unauthorized ways (for example, automated ways). If a Commercial Claim between you and H2bid is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Southern District of California or a state court located in San Diego County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
• We and you agree that, by entering into this arbitration provision, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a Commercial Claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular Commercial Claim (or a request for particular relief) cannot be arbitrated according to the limitations of this Section D(a), then only that Commercial Claim (or only that request for relief) may be brought in court. All other Commercial Claims (or requests for relief) will remain subject to this Section D(a). The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. This notice of dispute to us must be sent to the following address: H2bid, Inc., 7710 Hazard Center Drive, Suite E-402, San Diego, CA 92108. The arbitration will be governed by the American Arbitration Association (“AAA”)’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Commercial Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of these Commercial Terms containing an arbitration provision. Your notice to us under this Section D(a) must be submitted to the address here: H2bid, Inc., 7710 Hazard Center Drive, Suite E-402, San Diego, CA 92108. All Commercial Claims between us, whether subject to arbitration or not, will be governed by California law, excluding California’s conflict of laws rules, except to the extent that California law is contrary to or preempted by federal law. If a Commercial Claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Southern District of California or a state court located in San Diego County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

b. Commercial Claims outside the United States: If you reside outside the United States or your business is located outside the United States, you agree that:

• Any Commercial Claim between you and H2bid must be resolved exclusively in the U.S. District Court for the Southern District of California or a state court located in San Diego County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Commercial Terms and any such claim, without regard to conflict of law provisions.
• Without prejudice to the foregoing, you agree that, in our sole discretion, we may also bring any claim we have against you related to efforts to abuse, interfere, or engage with H2Sell in unauthorized ways in the country in which you reside that has jurisdiction over the claim.

c. Severability: If any provision of this Section D is found unenforceable, that provision will be severed and the balance of this Section D will remain in full force and effect.

E. Updates: We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of H2Sell for business or commercial purposes, and so we encourage you to check them regularly for any updates. By continuing any access or use of H2Sell for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to Section D of these Commercial Terms will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of H2Sell for business or commercial purposes.

F. Conflicts and Supplemental Terms:If there is a conflict between these Commercial Terms and the Terms, these Commercial Terms will govern with respect to your access and use of H2Sell for business or commercial purposes to the extent of the conflict. Supplemental terms and policies may also apply to your use of H2Sell. To the extent those supplemental terms conflict with the Commercial Terms, the supplemental terms will govern with respect to your use of H2Sell to the extent of the conflict.

1. If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.
2. If we fail to enforce any of these Commercial Terms, it will not be considered a waiver.
3. Except as expressly permitted by these Terms, any amendment to or waiver of these Commercial Terms must be made in writing and signed by us.
4. You will not transfer any of your rights or obligations under these Commercial Terms to anyone else without our consent.
5. These Commercial Terms do not confer any third-party beneficiary rights.
6. You consent that H2bid may disclose your advertising content and profile categories (“Commercial Content”), and all information associated with such Commercial Content, including information associated with the delivery of that Commercial Content, in response to valid legal process related to an electoral matter or to a governmental entity or body if H2bid believes that disclosure would assist in a lawful investigation.
7. Please note that our retention policies for Commercial Content may differ from those set forth in the Terms. We retain Commercial Content as necessary to provide our services to users, for internal record keeping, and for product improvement and safety purposes.
8. All of our rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
9. Nothing in these Commercial Terms or any applicable supplemental terms will prevent us from complying with the law.
10. We reserve all rights not expressly granted to you.

G. Things You Should Know: Advertisers are responsible for understanding and complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your account.

We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.

These Terms are subject to change at any time without notice.