BidStream – Website Terms of Use

Effective Date: ____________________

Welcome to thebidstream.com, operated by BidStream, LLC, a Kentucky limited liability company (“BidStream,” “we,” “us,” or “our”). By accessing or using this website (the “Site”) or any related services, you agree to comply with and be bound by the following Terms of Use (“Terms”). If you do not agree, you may not access or use the Site.

1. Use of the Site

The Site and its content are provided for informational and business purposes only. You agree to use the Site only in compliance with applicable laws and these Terms. You may not: (a) attempt to gain unauthorized access to the Site or related systems; (b) interfere with or disrupt the operation of the Site; (c) use the Site for fraudulent, misleading, or unlawful activity; or (d) copy, modify, distribute, or exploit any part of the Site without prior written consent from BidStream.

2. Intellectual Property

All software, text, graphics, logos, images, and content on the Site are owned by or licensed to BidStream and protected under copyright, trademark, and other laws. You are granted a limited, non-exclusive, revocable license to view and use the Site for legitimate business purposes only. You may not reproduce, resell, or republish any material from the Site without BidStream’s prior written permission.

3. Accounts and Access

Certain features of the Site or BidStream platform may require you to create an account. You agree to provide accurate and complete information when creating an account and to maintain the confidentiality of your login credentials. You are responsible for all activity under your account, whether or not authorized by you.

4. No Warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDSTREAM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING: (i) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (ii) ANY WARRANTY THAT THE SITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED; (iii) ANY WARRANTY THAT CONTENT WILL BE ACCURATE OR RELIABLE. You use the Site at your own risk.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) BIDSTREAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING DAMAGES FOR LOST PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION; and (b) BIDSTREAM’S TOTAL LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) TO ACCESS OR USE THE SITE. You agree that these limits reflect a fair allocation of risk.

6. Third-Party Links and Services

The Site may include links to third-party websites or tools not owned or controlled by BidStream. BidStream does not endorse or assume responsibility for any third-party content, policies, or practices. Accessing such sites is at your own risk.

7. Termination and Suspension

BidStream reserves the right to suspend or terminate your access to the Site, in whole or in part, at any time, with or without notice or cause, and without liability to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless BidStream, its affiliates, officers, employees, and contractors from any claims, damages, or losses arising from: (a) your use or misuse of the Site; (b) your violation of these Terms; or (c) your infringement of any third-party rights.

9. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict of law principles. Any disputes shall be brought exclusively in the state or federal courts located in Pulaski County, Kentucky, and you consent to those courts’ jurisdiction.

10. Updates to These Terms

BidStream may revise these Terms at any time by posting an updated version on this page. Continued use of the Site after such changes constitutes acceptance of the new Terms.