Last updated: July 23, 2023
Welcome to Netbinc ("Netbinc", "we", "us", "our"). Netbinc.com (the “Website”) and its associated mobile application (the “Mobile Application”) is operated by Netbinc Corporation, a company registered in San Diego, California, United States of America. Access to and use of the Website and Mobile Application, or any of its content, is provided by Netbinc. By using, browsing and/or reading the Website and Mobile Application, it signifies that you have read, understood and agree to be bound by the Terms of Service (the “Terms”). If you do not agree with the Terms, you must cease usage of the Website and Mobile Application, or any of Netbinc services (collectively, the "Service"), immediately.
KINDLY REVIEW THESE TERMS OF SERVICE CAREFULLY. IF YOU ACCESS THIS WEBSITE AND/OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. NOTE THAT THESE TERMS CAN AND WILL CHANGE WITHOUT NOTICE, FROM TIME TO TIME AT OUR DISCRETION. WHEN THIS HAPPENS, WE WILL NOTIFY YOU OF THE CHANGES TO THESE TERMS OF SERVICE BY EMAIL AND HERE ON OUR WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST DISCONTINUE USE OF OUR WEBSITE AND/OR THE MOBILE APPLICATION IMMEDIATELY.
You accept these Terms and our Privacy Policy by remaining on the Website and Mobile Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Netbinc in the user interface. You accept these Terms by registering as a User of the Website and Mobile Application. By accepting these Terms, you confirm that you are over 18 years of age.
In order to access the Services, you must first register as a user of the Website and Mobile Application. As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself, including, but not limited to:
The registration of personal information is guided by our Privacy Policy, which you must accept at the time of registration. Our Privacy Policy describes the way in which we collect, store and use your personal data. Once you have completed the registration process, you will be a registered User of the Website and Mobile Application (“User”) and agree to be bound by the Terms, as well as the Privacy Policy. As a User you will be granted immediate access to the Services
Netbinc reserves the right to terminate its Users’ account at any time and for any reason. The decision to terminate will usually be done only after an investigation into misuse of the Services and/or complaints about a particular User. However, Netbinc is under no obligation to provide any reason for termination.
Netbinc respects other people's rights, and expects Users to do the same. Users are expected only to post original content that is not subject to copyright or other intellectual property restrictions.
In some instances, users may infringe on the IP rights of others. In these cases, Netbinc provides tools to rectify the situation.
To file a copyright infringement notification with us, you will need to send a written communication that includes the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the matters, such as providing URLs; (d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and email address where the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any party who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages. Do not make false claims. To learn more about how to report claims of intellectual property infringement, email us at services@netbinc.com. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
The Service, including, without limitation, Netbinc Content, is provided on an “as is,” “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Netbinc nor its employees, managers, officers or agents make any representation or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Netbinc Content; (c) User Content; (d) security associated with the transmission of information to Netbinc via the Service. In addition, Netbinc hereby disclaims all warranties, express or implied including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
Netbinc does not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. Netbinc does not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete or useful. Netbinc does not warrant that its service will be applied to all products or brands featured on the site in a similar or same way, or that its service will be available at all locations or retailers.
You acknowledge that your use of the Service is at your sole risk. Netbinc does not warrant that your use of the Service is lawful in any particular jurisdiction, and Netbinc specifically disclaims such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
Netbinc does not endorse User Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other case of any kind or character based upon or resulting from any User Content.
Under no circumstances will Netbinc be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the Netbinc Content; (c) User Content; (d) Your use of, inability to use, or the performance of the Service; (e) any action taken in connection with an investigation by the Netbinc or law enforcement authorities regarding your or any other party’s use of the Service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security reach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the Netbinc has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether cause in whole or in part by acts of negligence, acts of God, telecommunications failure, or theft or destruction of the Service). In no event will Netbinc be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. In no event will Netbinc total liability to you for all damages, losses or cases or action exceed one hundred United States Dollars ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of Netbinc’s acts or omissions, the damages, if any case to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation or any website, service, property, product or other content owned or controlled by Netbinc, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploration of any website, property, product, service or other content owned or controlled by Netbinc.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand and hereby expressly waive, the benefit of §1542 of the Civil Code of California, and any similar law or any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Netbinc is not responsible for the actions, content, information or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Netbinc's request), indemnify and hold Netbinc harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (a) your User Content or your access to or use of the Service; (b) your breach or alleged breach of these Terms; (c) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you. You will cooperate as fully required by Netbinc in the defense of any claim. Netbinc reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Netbinc.
You agree that any claim you may have arising out of or related to your relationship with Netbinc must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You agree that any dispute arising under these Terms must be resolved exclusively in the U.S. District Court of San Diego County 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 Terms and any claim, without regard to conflict of law provisions. You agree that the Agreement will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Netbinc's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Netbinc reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Netbinc.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Netbinc and governs your use of the Service, superseding any prior agreements between you and Netbinc. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Netbinc. Any purported assignment or delegation by you without the appropriate prior written consent of Netbinc will be null and void. Netbinc may assign these Terms or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
Netbinc gives you access to certain premium features (the “Paid Service” or “Paid Services”) when you agree to the payment of the fee (the “Purchase Price”). The Paid Services includes premium listings on our Website and Mobile Application, which is paid every month or months, depending on the plan you chose. Once it expires, you will have to manually renew it for the next billing period to continue the use of that Paid Service. Note: when your premium listing expires, your Listing Page will be hidden from the public until you renew it again. All payments are final, and cannot be refunded or transferred.
We reserve the right to establish, remove, or revise Purchase Prices of any Paid Services obtained through the Website and Mobile Application, and to discontinue, modify, or change the availability of Paid Services at any time at its sole discretion.
Payment of the Paid Services may be made through one of the following third party providers:
(a) In-App Purchases from Apple Store(The 'Payment Gateway Providers')
Following payment of the Paid Services, you will be issued with a receipt to confirm that the payment has been received by the Payment Gateway Providers.
In using the Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms, Cost, and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. We are not responsible for any failure of the Payment Gateway Providers (third party providers) to process the payment.
You must not share your account password with someone else to give them access to any Paid Services that they did not purchase. Netbinc reserves the right to suspend your Listings Page and/or your access to the Paid Services without a refund if you violate these Terms.
By creating, claiming, accessing, managing, or using a Listing Page, you agree to be bound to the following terms (“Listing Terms”) as well as the provisions within the Terms of Service. You represent that you are authorized to act on behalf of the listing or business associated with the Listing Page and enter into an agreement on behalf of that listing or business. If you do not agree with these Listing Terms, you must not create, claim, access, manage, or use a Listing Page.
You represent that all information you provide to Netbinc upon creation of your Listing Page and at all other times will be true, accurate, current and complete. You agree to update your Listing Page as necessary to maintain its truth and accuracy. You must disclose all required warnings, disclaimers, and notices.
You acknowledge and agree that the information in Listing Pages on the Website and Mobile Application may be based on information from Netbinc users and/or public records databases, and that Netbinc is not responsible for the information and content posted on a Listing Page.
If you desire to claim a Listing Page as your own, you may submit your claim by sending an email to services@netbinc.com. Once you have submitted your claim, Netbinc will review and validate your claim, and will notify you as to whether your claim for the Listing Page has been approved.
To transfer the ownership of a Listing Page to another account, you may submit a request in the mobile app. During the process, you will receive several emails from Netbinc for verification, confirmation, and other information. We may charge a nonrefundable processing fee for the transfer.
You can send us any ideas, suggestions, or anything else to help us improve the Service at services@netbinc.com. You agree that we can use your feedback without any limitation or compensation.
You can report users, Listing Pages, deals, reviews, posts, Quicks, videos, photos, and comments that you believe violates the Terms. We reserve the right, in our sole discretion, to investigate and take appropriate action.
The Service and the User Content posted on our Website is not intended to be used by any person or entity in any jurisdiction or country where such use is contrary to law. If there exists any registration requirement for Netbinc within such jurisdiction or country, we do not intend our Service to be available in that jurisdiction or country. Should we discover such limitations involving persons, geographic areas, or jurisdictions, we intend may at any time and at our sole discretion, limit the availability of the Service or limit the available Content.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You hereby accept these Terms and our Privacy Policy by remaining on the Website and Mobile Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Netbinc in the user interface. You accept these terms by registering as a User of the Website and Mobile Application. By accepting these terms, you confirm that you are over 18 years of age.