Access to this site from territories where its contents are illegal is prohibited. By accessing this site, you are agreeing to be bound by the terms of use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Use of the PlanetBids site is governed by the laws of the State of California, and applicable copyright and trademark law protects the materials contained hereon.

1. Copyright Protection. All materials appearing on the PlanetBids website are protected by worldwide copyright laws and related international treaties. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described herein. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on PlanetBids website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

1. Members may print and download portions of the materials solely in connection with your use of the services provided on this website, however any alteration or deletion of any proprietary notices or marks is prohibited.
2. Member shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose the Services, website content or PlanetBids Tools. Member shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software or tools accessible or available through the Services.
   
3. Special use requests should be sent to customerservice@PlanetBids.com. Permission to use shall be granted in the sole discretion of PlanetBids.

2. Registration. Members of the PlanetBids Services, whether Buyer or Supplier, must be 18 years of age or older and must have submit a completed PlanetBids membership registration form subscribing to the Services. By registering as a Member, you represent and warrant (a) the information provided is current, complete and accurate, (b) that you are authorized to bind the registered entity, (c) you will update the information (including credit card information, if applicable) as required to keep the registration information current, complete and accurate, and (d) you will not attempt to circumvent the Services and related fees by attempting to engage in private transactions with Buyers or Suppliers, as applicable, located via the Services. You will be promptly notified of acceptance or rejection. PlanetBids may reject a submitted membership registration, in its sole discretion, if it deems such party not to be an appropriate user of the Services. Further, PlanetBids may, in its sole discretion, cancel or terminate the membership of any Member it believes has willfully violated the Member obligations described in this Agreement.

3. PlanetBids Services. Upon acceptance of a membership registration, PlanetBids shall provide to such Member Services, subject to the terms and conditions of this Agreement.

a) "Services" shall include the following: 1) access to and use of the PlanetBids website, 2) access to the website and tools to process e-mail Bid Requests from potential Buyers, 3) processing and distributing Bid Requests to potential Suppliers within their selected categories, 4) forwarding Bids from potential Suppliers upon request of the Buyer or at the close of bidding which close is determined by the Buyer as a maximum number of bids (either 10, 15 or 20 bids) or as a date, 5) providing Suppliers with Customer contact information or website links, as applicable, with respect to Bid Requests that require contact between Customer and Suppliers before Bids can be submitted, and 6) posting feedback information from Buyers regarding other Members. PlanetBids reserves the right, in its sole discretion, to remove from the Services any Bid Request that does not obtain the stated minimum number of Bids within 90 days following posting, in which event, such Bid Request shall be deemed closed and PlanetBids will forward to the buyer those Bids that have been received.

b) The availability of the Internet and the related equipment by their nature, are not fault tolerant, but PlanetBids will use reasonable efforts to make the Services available 24 hours per day, 7 days per week, except for downtime for scheduled and unscheduled maintenance, and will promptly investigate any technical problems that Member reports to PlanetBids.

c) PlanetBids may make improvements and/or amendments to the website at any time. Any and all relevant portions of these terms and conditions will automatically apply to all improvements and/or amendments as they appear.

a) No Basic Membership Fee. There is no membership fees or dues solely to be a Basic Member of the PlanetBid Services nor are any minimum number of transactions required. Basic Members are required, however, to pay the transaction fees described below.

b) Buyer Fees. Members who are Buyers only will not be charged fees for the submittal or listing of Bid Requests in connection with Services provided that they accept one of the Bids submitted in response to their Bid Request. If a Buyer receives five or more Bids and fails to accept at least one of the Bids submitted in response to any Bid Request, such Buyer shall pay to PlanetBids a fee in the amount of $50.00, which fee shall be due and payable within fifteen days following the deadline for the submittal of Bids in response to such Bid Request. In order to avoid the foregoing fee obligation, Buyer must notify PlanetBids within ten (10) days following the bid submittal deadline of its selection of Supplier and the amount and price of the products or services purchased.

c) Supplier Fees. Suppliers agree to pay fees to PlanetBids the following fees, as applicable: (i) a fee of $10.00 for each Bid submitted in response to a Bid Request, which fee shall be due and payable upon submittal of the Bid, (ii) a fee of $20.00 per Bid Request for PlanetBids to provide to Supplier the contact information with respect to Bid Request requiring or authorizing Buyer contact prior to submittal of a Bid, and/or (iii) a fee of $10.00 per Bid Request for PlanetBids to provide to Supplier website information, contact information or website links with respect to Bid Requests obtained from another posting site or service.

d) Payment. Fees are due and payable as accrued, and shall be paid in accordance with the payment method set forth in the membership registration accepted by PlanetBids. Member shall inform PlanetBids within 10 days of cancellation or termination of a credit card to which such fees are charged, or closing a bank account from which fees are charged. If PlanetBids is unable to collect accrued fees through the selected payment method, then PlanetBids may terminate this Agreement and the right of such Member or user to use the Services, immediately upon notice. Further, PlanetBids may charge interest at the lesser of 1.5% per month or the maximum permitted by applicable law on all uncollected fees.

e) Fee Changes. PlanetBids reserves the right to change the foregoing fees upon 10 days notice posted on the PlanetBids website. Such new fees shall apply to all Bid Requests posted after the effective date of such amended fee schedule. In the future, fees may vary according to the type and monetary value of the transaction, but will be clearly indicated so that the user may review such fees before submitting a Bid Request or Bid.

a) The PlanetBids is a venue where Buyers and Suppliers of products and services interact. PlanetBids is not responsible for the content and/or transactions on the website nor the content or effect of comments posted in its user feedback pages; it is a facilitation service only. Notwithstanding the foregoing, PlanetBids reserves the right to monitor content on the website and to remove content which PlanetBids, in its sole discretion, determines to be offensive, harmful or otherwise in violation of its operating policies and terminate the membership of the offending Member.

1) Each user agrees to comply with all applicable laws, ordinances and regulations related to the use of Services and not make any unauthorized commercial use of the Services or of the PlanetBids name, marks or logos. Further, each user agrees to not (1) post information anonymously or under a false name; (2) post any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, such as inducements to conduct that would constitute a criminal offense or give rise to civil or other liability.

2)      In addition, Buyers using the Services agree to:

Promptly notify PlanetBids of all purchases of products and services and agreements to acquire products or services for which a Bid Request was submitted through the Services, whether or not the transaction was consummated by means of the Services.

Be responsible for all freight, taxes, duties, imposts, tariffs and all other related costs for goods, equipment and services acquired via the Services.

Use information obtained through the Services only as necessary to the transaction included in the Services.

Upon request, provide PlanetBids with a record of all transactions and payments between them and Suppliers who are Members.

3) In addition, Suppliers using the Services agree to:

Provide accurate, complete and current information describing the products or services they intend to offer via the Services.

Provide PlanetBids with a record of all sales transactions and payments between them and Buyers who are Members.

Inform PlanetBids of all services and agreements for products or services provided as a result of the Services.

Collect and pay any taxes, duties, imposts or tariffs that are applicable to sales via the Services.

Promptly pay to PlanetBids all transaction fees related to the Services.

Use information obtained through the Services only as necessary in connection with the Services or as otherwise provided herein.

b)  Because user authentication on the Internet is difficult, PlanetBids cannot and does not confirm the identity of each user and whether such user is an authorized user of the Member. All commercial transactions contain an element of risk, and there is always the risk of inadvertently dealing with underage persons and persons acting under false pretense. Because Members must be careful in dealing with other users to avoid fraud and other risks, PlanetBids has established a user feedback service to help Members evaluate other users. If Member has concerns about a Buyer or Supplier, please also consider the use of third party credit reports.

c) THE SERVICES AND MATERIALS ON THE PLANETBIDS WEBSITE ARE PROVIDED "AS IS." PLANETBIDS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, EVEN IF PLANETBIDS HAS BEEN MADE AWARE IN ADVANCE OF SUCH POTENTIAL RISK. FURTHER, PLANETBIDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE SERVICES OR SITES LINKED THERETO.

d) PlanetBids does not at any time come into possession of the products or services offered or sold on the website and is not aware of the specific use to which those items will be put. In using the Services, each Member and user hereby releases, indemnifies, and holds harmless PlanetBids and its agents, employees, and affiliates harmless from all claims, demands, costs and damages (actual and consequential) of every kind and nature arising out of, or in any way connected with, listings, Bid Requests, Bids and uncompleted or completed transactions related to the Services.

6. Confidentiality. PlanetBids will take reasonable measures not to disclose website communications or information about its Members, except to the extent that PlanetBids believes in good faith that such action is within the scope of the Services or reasonably necessary to (a) comply with the law or the directives of courts or governmental agencies; (b) enforce this Agreement; (c) respond to claims of any third party; or (d) protect the legitimate interests of PlanetBids or its Members and users. Notwithstanding the foregoing, all communications directed to PlanetBids via the website such as questions, comments, inquiries, shall be deemed to be not confidential, unless specifically agreed otherwise in advance by PlanetBids. PlanetBids will have a irrevocable, worldwide, non-exclusive, royalty-free right to use and sublicense others to use (in multi-tier chains) all such information and all materials displayed in Services listings, and the intellectual property rights related thereto, in any manner, in any current or future use. Further, PlanetBids will have the right to use any Member’s name in connection with the advertising or promotion of the Services.

(a) The PlanetBids ordering process is protected by the Secure Sockets Layer (SSL) protocol, which encrypts your information and confirms the identity of the PlanetBids server before allowing a transaction to be completed. Netscape Navigator 2.0+ (or better) and Internet Explorer 3.0+ (or better) support the SSL protocol are acceptable, but we recommend that you use the latest browsers to ensure that you are protected by advances in security technology. For more detailed information, please refer to the PlanetBids Privacy Policy.

(b) Password-protection techniques will be provided to restrict access under Member’s account and/or user names to authorized individuals. REGISTRANT ACKNOWLEDGES, HOWEVER, THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE OF BYPASS AND PLANETBIDS DOES NOT GUARANTEE THAT THE SERVICES CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS. Member shall at all times maintain as confidential its user names and passwords. If Member is a corporation or other business entity, then it may allow employees to use its user name and password, but the Member shall be responsible for all activity and charges incurred by such employees. Permitting third parties to use the Services is prohibited and a violation of this Agreement.

(c) If a security breach occurs with respect to any account, the Member must immediately change its password and notify PlanetBids at customerservice@PlanetBids.com. Member shall be liable for any unauthorized use of the Services until PlanetBids is notified of the security breach.

a) Notices. PlanetBids shall provide notice to Member via email, or (at its discretion) via certified U.S. Mail, to the address provided on the membership registration or such other address provided by Member to PlanetBids. Member shall provide notice to PlanetBids via email to customerservice@PlanetBids.com, with a copy sent via certified U.S. Mail to the address on the membership registration. Notices will be effective 6 hours after sending if sent via email (unless the sender receives a response indicating that the message was undelivered) or 3 business days after the mailing date, whether or not received.

b) Assignment. Member shall not assign this Agreement or any of its rights or obligations without the prior written consent of PlanetBids, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns.

c) No Waiver. The failure of PlanetBids to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the these terms and conditions shall remain in full force and effect.

d) Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement, or the performance of transactions or obligations related hereto, that cannot be resolved through negotiation shall be submitted to binding arbitration by the American Arbitration Association in accordance with its rules. Such arbitration shall occur in Los Angeles County, California. The American Arbitration Association shall have exclusive jurisdiction over any such dispute. Any judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. Either Member or PlanetBids may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles county, California necessary to protect the rights or property of Member or PlanetBids pending the completion of the pending arbitration. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys' fees.

e) Governing Law. The interpretation and enforcement of this Agreement shall be governed by laws of the United States of America and the State of California, excluding its choice of law rules.

f) Force Majeure. PlanetBids will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of PlanetBids.