Bidder Terms of Use
Effective Date: 1/9/2018
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
Agreement to Terms This terms of use agreement (“Terms”) constitutes a legally binding contract between Bidder, LLC (“Bidder,” “we,” “us”) and you, with respect to your use of all properties (web site, mobile application) owned or operated by Bidder and all products and services available from Bidder and affiliated service providers (individually, a “Pro,” collectively, “Pros”). By accessing or using Pros’ services (“Services”), you acknowledge that you have read, understood, and agree to be bound by, these Terms, including any updates posted here or otherwise communicated to you. If you do not agree to the Terms please do not use the Services.
Changes to Terms We may modify these Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent You affirm that you are at least 18 years of age and can form legally binding contracts under applicable law. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
Privacy Policy Our Privacy Policy, which describes how we collect and use information from our users, is available at bidder.bz.
Service Overview Bidder connects homeowners and other third parties (individually, “User,” collectively, “Users”) with construction Pros. Through the use of a mobile application (“Platform”) Bidder allows Users to post a request for a construction project, for which Pros submit their bids. Users then decide which bid to accept based upon the specifics of the bid and the profile of the Pro.
No Responsibility, Endorsement or Guarantee for Pros nor Bids Bidder does not deliver, and is not responsible for, any Pro’s products, services or advice. The Pros are not employees, contractors or agents of Bidder, and Bidder is not an agent of any Pro. Bidder does not sponsor, endorse, recommend or approve any Pro who offers products or services through the Services. While we try to confirm that Pros meet certain requirements, we cannot and do not represent or warrant that any Pro is licensed, qualified, bonded, insured or capable of performing any service. Bidder does not make any guarantees, warranties or representations of any kind regarding any Pro, any advice or other information that a Pro provides or the products or services that a Pro provides, and we are not responsible for any action or inaction of any Pro. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with a Pro or that there are Pros in a User’s area that are capable of and willing to meet a User’s service needs.
Bids for the Services are quotes, not contractually binding offers, and not a guarantee of the actual costs of a specific project. When you work with a Pro, your rights will be governed by your contract with the Pro and by applicable federal, state and local laws.
BIDDER INTELLECTUAL PROPERTY RIGHTS
Grant of Limited License to Users and Pros For Users: Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
For Pros: Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, nontransferable and non-sublicensable right to access and use Bidder for the purpose of connecting with Users and providing information, products and services.
Bidder IP Protection The Bidder Platform and content are protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Bidder and its licensors exclusively own all right, title, and interest in and to the Bidder Platform and content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Bidder are trademarks or registered trademarks of Bidder. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
USER CONTENT AND OTHER COLLECTED INFORMATION
Accurate Information For Users: You will be asked to disclose certain information about yourself and your service requirements when you submit a request for Pro services and when you open or confirm your account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct.
For Pros: You will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with
such additional information as we reasonably request; to provide accurate, complete and up to date information in connection with the Services; and keep that information updated, complete and correct.
Security of Account You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
You Are Responsible for User Content The Platform may permit you and other Users and Pros to submit information (“User Content”). The person submitting User Content, and not Bidder, is solely responsible for that person’s User Content and the consequences of submitting it. By way of example and not limitation, if a Pro provides you with advice or other information, the Pro (and not Bidder) is solely responsible for that advice and information. You acknowledge and agree that Bidder has no obligation to pre-screen your or any other person’s User Content. Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Bidder and its service providers and partners, and. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS (WHETHER IT’S SOMEONE ELSE’S OR JUST MADE UP), YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO BIDDER AND EACH PRO OR OTHER PARTY WHO ACCEPTS THAT SERVICE REQUEST FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION.
Confidentiality of User Content Bidder will not display the address of projects or precisely pinpoint the project location on a map to all Users. However, you acknowledge and agree that Bidder and its licensees may display the address and other User Content associated with a given project to a limited audience, including relevant Pros, homeowner of that address, prospective buyers of a home that is for sale, and other third parties. You further acknowledge and agree that the description of the project for which you request Pro services, all information contained in any reviews of Pros that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
License to User Content With respect to both User Content and Collected Information, you grant Bidder a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, order to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Content and Collected Information in any form and any medium. We will not pay you or otherwise compensate you for User Content or Collected Information.
Do Not Post Illegal or Harmful Content You agree that you are the exclusive owner of all rights in the User Content and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Content or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Bidder.
Do Not Post Improper Content You agree not to post, submit or link to any User Content or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Review of User Content We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Content for any reason, at our sole discretion. Suggestions. If you elect to provide or make available to Bidder any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Bidder will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Telephone Calls and Other Communications When you contact us, when we contact you, or when you communicate with a Pro or a User through the Services (including when we forward calls between Users and Pros), we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. You consent to this monitoring and recording.
Accuracy of Information Bidder makes no representation or warranty about the accuracy or suitability of User Content or other information displayed on the Platform. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Platform, when we are notified or otherwise become aware of such inaccuracy.
CONSENT. BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY BIDDER, OUR SERVICE PROVIDERS, COMPANIES THAT RECEIVE YOUR SERVICE REQUEST, AND PROS, AS THE CASE MAY BE. YOU CONSENT TO BE CONTACTED BY TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, FAX, OR OTHER REASONABLE MEANS AT ANY OF THE RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL “DO NOT CALL” OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES
OF PROVIDING THE SERVICES AND/OR THE PRO PRODUCTS OR SERVICES YOU HAVE REQUESTED (AS THE CASE MAY BE), MARKETING, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES. YOUR CONSENT TO RECEIVE MARKETING COMMUNICATIONS IS NOT REQUIRED AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES.
For complete details on our use of your information, including Collected Information (as
defined below), and how to opt out of receiving marketing communications, please see our Privacy Policy.
GENERAL TERMS FOR PROS
Licenses and Obligations As a Pro, you agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform.
Response Time You agree that, if a User accepts your bid, you will respond to the User as soon as possible but in any event within 24 hours. If you do not timely respond to the User, Bidder reserves the right to reopen the project request and to terminate your right to respond to it.
Informational Requests You agree to comply with Bidder’s informational requests from time to time in connection with the Services, including providing information to be used by Bidder (or its third party service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User.
Taxes You agree to be properly registered to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services (“Taxes”). You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Users. You agree that you, and not Bidder, are solely responsible for all matters related to Taxes.
Updated Information You agree to immediately notify us if: (i) any information you have provided to Bidder, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
Information Regarding Users Bidder may provide you with personal information relating to individuals that are seeking products or services. You may not rent, sell or otherwise provide this information to others without such individual’s consent or except as required to provide your products or services to such individual. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not intended by Bidder.
Reviews You agree to link your website to your Bidder profile, at a place on your website determined by you, using the following text: “Review my projects and endorsements on Bidder.” When you include an email address of a past customer in your project information, you agree that we may reach out to that person asking for reviews and recommendations of you and inviting them to create an account on Bidder.
Quality Control Bidder representatives and our service providers may access and monitor your Pro account and usage and communication information and may monitor, review and use such account and usage and communication information as they deem appropriate, including (for example) as reasonably needed to confirm status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify information you or Users have provided.
Confidentiality If you receive confidential information from Bidder, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Bidder’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public.
Independent Contractor You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with Bidder is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Bidder, and that Bidder has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
Bids and Contacting Users Bidder gives Pros the right to submit bids to Users who have requested a particular construction project (a “project request”). Information regarding a project request, and the right to respond to it, may be made available to a Pro through the Platform, through email, through a telephonic connection, or by other means. The right to view project requests and submit bids (“Pro Product”) has a recurring financial obligation every month. You are required to use the proposal tool for every construction project you visit. Failure to make use and submit your bids using Bidder’s proposal system may result in the immediate termination of your account.
No Guarantee As a Pro, you agree and acknowledge that Bidder cannot and does not guarantee the results of any Pro Product, including the exposure you will receive, the number or quality of potential customers with whom you will have contact, or whether a homeowner will actually choose your bid and contract with you to do the work if you respond to their project request. You acknowledge that Bidder may impose limits on the type and/or number of Pros that can participate in particular programs, which Pros are notified about particular project requests and the timing of such notification, and the type and/or number of Pros who can respond to particular project requests.
Pro Profile You understand and acknowledge that the amount and quality of your Pro information (including the amount and quality of profile data, project activity and endorsements) will affect the likelihood that Users will select your bid. You agree to immediately complete a Pro profile on the Platform upon signing up for a Pro Product and to populate such profile with as much information as possible.
Pro Product Bidder and you may agree to the term, fees and other terms of a Pro Product (including, without limitation, the fees and terms applicable to individual or categories of project requests) (“Product Terms”) in writing, telephonically or electronically, including, but not limited to, by email or within the Platform. If you purchase a Pro Product, Bidder will send an email detailing the terms of the Pro Product that you agreed to (“Confirmation Email”). If the Confirmation Email misstates your understanding of what you purchased, you have three days after you receive the Confirmation Email to notify Bidder at support@bidder.bz, cancel your purchase of the Pro Product and receive a refund. If you do not notify us of the discrepancy and cancel your purchase within those three days, you will be deemed to have accepted the terms set forth in the Confirmation Email, in addition to these Terms. Note that this paragraph does not apply to the rejection or return of individual project requests, which is described in the next paragraph.
Returns Once you purchase the Pro Product, you are not able to reject or return it. Please note that what you are purchasing is the right to view project requests and submit bids to Users, not a right or guarantee to perform the work. (It is the User who decides whether to work with a particular Pro or not.) No refunds will be given.
Suspension; Termination Bidder reserves the right to suspend or terminate any Pro’s ability to purchase Pro Products or otherwise use the Platform, including but not limited to as a result of default in payment obligations.
PRO PRODUCT TERMS
Term The “Initial Term” of a Pro Product begins on the first day the Pro Product is made available to a Pro and continues for the length of time specified in the Confirmation Email. AFTER THE INITIAL TERM, IF A PRO PRODUCT HAS NOT BEEN TERMINATED, IT WILL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS (AS DEFINED BELOW) UNTIL TERMINATED BY THE PRO. A “Renewal Term” is a length of time specified in the Confirmation Email. For example, if the Confirmation Email specifies a monthly billing period, then the Renewal Terms are one month each, with the Pro Product automatically renewing for additional one-month billing cycles until you terminate in accordance with these Terms. Termination of the Initial Term or the then-current Renewal Term may only be done in accordance with the termination procedure described below.
Payment If you purchase a Pro Product as a Pro, you authorize Bidder to bill your credit card in the amounts and on the schedule specified in the Confirmation Email, on the applicable billing dates. You agree to notify Bidder of any changes to your credit card information necessary to process your payment. If Bidder is unable to process the payment, you will be responsible for making an alternate payment arrangement and any resulting processing fees that may be incurred, plus late fees as described below. Any prepaid amounts are not refundable, except as specifically described in these Terms. For some Pro Products, we will automatically deduct from your Bidder account balance the cost of responding to particular project requests. The cost to respond to a project request varies depending on service type and other factors, and may be adjusted from time to time by Bidder in its sole discretion. To purchase the right to respond to a particular project request, you must have a sufficient balance in your Bidder account. Depending on the type of Premium Product, the number of opportunities available to respond to a particular project request may be limited.
Late Fees and Billing Issues You agree to pay a late fee of $20 for each late payment. You also agree to pay reasonable expenses (including, without limitation, collection agency fees and attorney’s fees) incurred by Bidder in collecting any overdue amounts. You agree to notify Bidder of any billing discrepancies or issues within 20 days after they first appear, and if you do not, you agree that you have waived the right to dispute such billing discrepancies or issues.
Termination To terminate a Pro Product, you must notify Bidder at least 15 days prior to the last day of the Initial Term or the last day of the then-current Renewal Term (as the case may be) by contacting us. The effective date of termination will be the last day of the Initial Term or then current Renewal Term (as applicable) and not before such date. Bidder may terminate a Pro Product immediately by providing written notice to you (either by email or letter). If termination is by Bidder as a result of your material breach of these Terms, you will not be entitled to a refund of any previously paid amount.
ACCOUNTS AND CHARGES FOR USERS
User Account Account registration is required for Users to receive or use Pro Services. When you open or confirm an account, you will be required to provide us with specified personal information, which may include, without limitation, your name, address, mobile phone number, and credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via the Bidder Platform, telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Pro Services.
Charges You agree that use of the Pro Services will result in charges to you for the products or services provided by Pros (“Pro Charges”) and that use of the Bidder Platform will result in a 8-10% service fee on the final cost of the products or services provided by Pros (“Bidder Service Charges”) (Bidder Service Charges and Pro Charges, collectively, “Charges”). You will be informed of Charges before products or services are provided by Pros. Bidder may offer discounts on Charges from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions Bidder specifies for the discount. You should confirm Charges each time you request or contract for products or services. Applicable sales tax will be added to all Charges where required by law.
Payment Payments for Bidder Service Charges are immediately due and payable to Bidder upon provision of the applicable Pro Services and, except as set forth in these Terms, are final and nonrefundable. Payment terms for Pro Charges will be as agreed upon between you and the Pro. You acknowledge and agree that your purchases of services and products from a Pro are transactions between you and that Pro, and not with Bidder.
Payments for Charges that meet our requirements for a refund rather than an account credit (as set forth in these Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
THIRD-PARTY INTELLECTUAL PROPERTY
Third-Party Intellectual Property All non-Bidder trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Bidder at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address, (v) a signed statement that you have 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, and (vi) a signed statement that the information in the notication is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:
ADDITIONAL APPLE REQUIRED TERMS FOR iOS APPS
The following additional terms apply if you access or use the Services through an Apple iOS product:
Acknowledgement Bidder and you acknowledge that these Terms are concluded between Bidder and you only, and not with Apple, and Bidder, not Apple, is solely responsible for the Services and the content thereof.
Scope of License The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support As between Apple and Bidder, Bidder is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Bidder and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty As between Apple and Bidder, Bidder is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bidder’s sole responsibility.
Product Claims Bidder and you acknowledge that Bidder, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights Bidder and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Bidder, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address Bidder may be contacted at support@bidder.bz in connection with any questions, complaints or claims with respect to the Services.
Third-Party Beneficiary Bidder and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
RELEASE
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE BIDDER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “BIDDER PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, Bidder, USERS, PROS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BIDDER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH Bidder, USERS, PROS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE BIDDER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, BIDDER, USERS, PROS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BIDDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE BIDDER PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, BIDDER, USERS, PROS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO Bidder FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Bidder, TEN DOLLARS (IF YOU ARE A USER) OR ONE THOUSAND DOLLARS (IF YOU ARE A PRO). Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
INDEMNIFICATION
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE Bidder PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, BIDDER, USERS, PROS OR OTHER THIRD PARTIES, OR (3) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. BIDDER RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH Bidder IN ASSERTING ANY AVAILABLE DEFENSES.
Disputes Binding Arbitration YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US, INCLUDING BUT NOT LIMITED TO THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS OR THE PRIVACY POLICY (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Los Angeles County, California or the city within the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN LOS ANGELES COUNTY, CALIFORNIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Bidder may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Governing Law You agree that these Terms, the Privacy Policy and any Dispute will be governed solely by United States and California state law, without regard to conflict of law provisions. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of entering judgments on arbitral awards. A User’s rights under an agreement with a Pro will be governed by the terms of that agreement and by applicable federal, state, and local laws.
Contact Us If you have questions about these Terms, please contact us by email at support@bidder.bz.
Bidder Terms of Use
Effective Date: 1/9/2018
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
Agreement to Terms This terms of use agreement (“Terms”) constitutes a legally binding contract between Bidder, LLC (“Bidder,” “we,” “us”) and you, with respect to your use of all properties (web site, mobile application) owned or operated by Bidder and all products and services available from Bidder and affiliated service providers (individually, a “Pro,” collectively, “Pros”). By accessing or using Pros’ services (“Services”), you acknowledge that you have read, understood, and agree to be bound by, these Terms, including any updates posted here or otherwise communicated to you. If you do not agree to the Terms please do not use the Services.
Changes to Terms We may modify these Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent You affirm that you are at least 18 years of age and can form legally binding contracts under applicable law. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
Privacy Policy Our Privacy Policy, which describes how we collect and use information from our users, is available at bidder.bz.
Service Overview Bidder connects homeowners and other third parties (individually, “User,” collectively, “Users”) with construction Pros. Through the use of a mobile application (“Platform”) Bidder allows Users to post a request for a construction project, for which Pros submit their bids. Users then decide which bid to accept based upon the specifics of the bid and the profile of the Pro.
No Responsibility, Endorsement or Guarantee for Pros nor Bids Bidder does not deliver, and is not responsible for, any Pro’s products, services or advice. The Pros are not employees, contractors or agents of Bidder, and Bidder is not an agent of any Pro. Bidder does not sponsor, endorse, recommend or approve any Pro who offers products or services through the Services. While we try to confirm that Pros meet certain requirements, we cannot and do not represent or warrant that any Pro is licensed, qualified, bonded, insured or capable of performing any service. Bidder does not make any guarantees, warranties or representations of any kind regarding any Pro, any advice or other information that a Pro provides or the products or services that a Pro provides, and we are not responsible for any action or inaction of any Pro. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with a Pro or that there are Pros in a User’s area that are capable of and willing to meet a User’s service needs.
Bids for the Services are quotes, not contractually binding offers, and not a guarantee of the actual costs of a specific project. When you work with a Pro, your rights will be governed by your contract with the Pro and by applicable federal, state and local laws.
BIDDER INTELLECTUAL PROPERTY RIGHTS
Grant of Limited License to Users and Pros For Users: Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
For Pros: Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, nontransferable and non-sublicensable right to access and use Bidder for the purpose of connecting with Users and providing information, products and services.
Bidder IP Protection The Bidder Platform and content are protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Bidder and its licensors exclusively own all right, title, and interest in and to the Bidder Platform and content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Bidder are trademarks or registered trademarks of Bidder. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
USER CONTENT AND OTHER COLLECTED INFORMATION
Accurate Information For Users: You will be asked to disclose certain information about yourself and your service requirements when you submit a request for Pro services and when you open or confirm your account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct.
For Pros: You will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with
such additional information as we reasonably request; to provide accurate, complete and up to date information in connection with the Services; and keep that information updated, complete and correct.
Security of Account You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
You Are Responsible for User Content The Platform may permit you and other Users and Pros to submit information (“User Content”). The person submitting User Content, and not Bidder, is solely responsible for that person’s User Content and the consequences of submitting it. By way of example and not limitation, if a Pro provides you with advice or other information, the Pro (and not Bidder) is solely responsible for that advice and information. You acknowledge and agree that Bidder has no obligation to pre-screen your or any other person’s User Content. Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Bidder and its service providers and partners, and. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS (WHETHER IT’S SOMEONE ELSE’S OR JUST MADE UP), YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO BIDDER AND EACH PRO OR OTHER PARTY WHO ACCEPTS THAT SERVICE REQUEST FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION.
Confidentiality of User Content Bidder will not display the address of projects or precisely pinpoint the project location on a map to all Users. However, you acknowledge and agree that Bidder and its licensees may display the address and other User Content associated with a given project to a limited audience, including relevant Pros, homeowner of that address, prospective buyers of a home that is for sale, and other third parties. You further acknowledge and agree that the description of the project for which you request Pro services, all information contained in any reviews of Pros that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
License to User Content With respect to both User Content and Collected Information, you grant Bidder a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, order to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Content and Collected Information in any form and any medium. We will not pay you or otherwise compensate you for User Content or Collected Information.
Do Not Post Illegal or Harmful Content You agree that you are the exclusive owner of all rights in the User Content and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Content or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Bidder.
Do Not Post Improper Content You agree not to post, submit or link to any User Content or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Review of User Content We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Content for any reason, at our sole discretion. Suggestions. If you elect to provide or make available to Bidder any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Bidder will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Telephone Calls and Other Communications When you contact us, when we contact you, or when you communicate with a Pro or a User through the Services (including when we forward calls between Users and Pros), we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. You consent to this monitoring and recording.
Accuracy of Information Bidder makes no representation or warranty about the accuracy or suitability of User Content or other information displayed on the Platform. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Platform, when we are notified or otherwise become aware of such inaccuracy.
CONSENT. BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY BIDDER, OUR SERVICE PROVIDERS, COMPANIES THAT RECEIVE YOUR SERVICE REQUEST, AND PROS, AS THE CASE MAY BE. YOU CONSENT TO BE CONTACTED BY TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, FAX, OR OTHER REASONABLE MEANS AT ANY OF THE RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL “DO NOT CALL” OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES
OF PROVIDING THE SERVICES AND/OR THE PRO PRODUCTS OR SERVICES YOU HAVE REQUESTED (AS THE CASE MAY BE), MARKETING, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES. YOUR CONSENT TO RECEIVE MARKETING COMMUNICATIONS IS NOT REQUIRED AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES.
For complete details on our use of your information, including Collected Information (as
defined below), and how to opt out of receiving marketing communications, please see our Privacy Policy.
GENERAL TERMS FOR PROS
Licenses and Obligations As a Pro, you agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform.
Response Time You agree that, if a User accepts your bid, you will respond to the User as soon as possible but in any event within 24 hours. If you do not timely respond to the User, Bidder reserves the right to reopen the project request and to terminate your right to respond to it.
Informational Requests You agree to comply with Bidder’s informational requests from time to time in connection with the Services, including providing information to be used by Bidder (or its third party service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User.
Taxes You agree to be properly registered to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services (“Taxes”). You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Users. You agree that you, and not Bidder, are solely responsible for all matters related to Taxes.
Updated Information You agree to immediately notify us if: (i) any information you have provided to Bidder, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
Information Regarding Users Bidder may provide you with personal information relating to individuals that are seeking products or services. You may not rent, sell or otherwise provide this information to others without such individual’s consent or except as required to provide your products or services to such individual. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not intended by Bidder.
Reviews You agree to link your website to your Bidder profile, at a place on your website determined by you, using the following text: “Review my projects and endorsements on Bidder.” When you include an email address of a past customer in your project information, you agree that we may reach out to that person asking for reviews and recommendations of you and inviting them to create an account on Bidder.
Quality Control Bidder representatives and our service providers may access and monitor your Pro account and usage and communication information and may monitor, review and use such account and usage and communication information as they deem appropriate, including (for example) as reasonably needed to confirm status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify information you or Users have provided.
Confidentiality If you receive confidential information from Bidder, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Bidder’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public.
Independent Contractor You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with Bidder is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Bidder, and that Bidder has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
Bids and Contacting Users Bidder gives Pros the right to submit bids to Users who have requested a particular construction project (a “project request”). Information regarding a project request, and the right to respond to it, may be made available to a Pro through the Platform, through email, through a telephonic connection, or by other means. The right to view project requests and submit bids (“Pro Product”) has a recurring financial obligation every month. You are required to use the proposal tool for every construction project you visit. Failure to make use and submit your bids using Bidder’s proposal system may result in the immediate termination of your account.
No Guarantee As a Pro, you agree and acknowledge that Bidder cannot and does not guarantee the results of any Pro Product, including the exposure you will receive, the number or quality of potential customers with whom you will have contact, or whether a homeowner will actually choose your bid and contract with you to do the work if you respond to their project request. You acknowledge that Bidder may impose limits on the type and/or number of Pros that can participate in particular programs, which Pros are notified about particular project requests and the timing of such notification, and the type and/or number of Pros who can respond to particular project requests.
Pro Profile You understand and acknowledge that the amount and quality of your Pro information (including the amount and quality of profile data, project activity and endorsements) will affect the likelihood that Users will select your bid. You agree to immediately complete a Pro profile on the Platform upon signing up for a Pro Product and to populate such profile with as much information as possible.
Pro Product Bidder and you may agree to the term, fees and other terms of a Pro Product (including, without limitation, the fees and terms applicable to individual or categories of project requests) (“Product Terms”) in writing, telephonically or electronically, including, but not limited to, by email or within the Platform. If you purchase a Pro Product, Bidder will send an email detailing the terms of the Pro Product that you agreed to (“Confirmation Email”). If the Confirmation Email misstates your understanding of what you purchased, you have three days after you receive the Confirmation Email to notify Bidder at support@bidder.bz, cancel your purchase of the Pro Product and receive a refund. If you do not notify us of the discrepancy and cancel your purchase within those three days, you will be deemed to have accepted the terms set forth in the Confirmation Email, in addition to these Terms. Note that this paragraph does not apply to the rejection or return of individual project requests, which is described in the next paragraph.
Returns Once you purchase the Pro Product, you are not able to reject or return it. Please note that what you are purchasing is the right to view project requests and submit bids to Users, not a right or guarantee to perform the work. (It is the User who decides whether to work with a particular Pro or not.) No refunds will be given.
Suspension; Termination Bidder reserves the right to suspend or terminate any Pro’s ability to purchase Pro Products or otherwise use the Platform, including but not limited to as a result of default in payment obligations.
PRO PRODUCT TERMS
Term The “Initial Term” of a Pro Product begins on the first day the Pro Product is made available to a Pro and continues for the length of time specified in the Confirmation Email. AFTER THE INITIAL TERM, IF A PRO PRODUCT HAS NOT BEEN TERMINATED, IT WILL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS (AS DEFINED BELOW) UNTIL TERMINATED BY THE PRO. A “Renewal Term” is a length of time specified in the Confirmation Email. For example, if the Confirmation Email specifies a monthly billing period, then the Renewal Terms are one month each, with the Pro Product automatically renewing for additional one-month billing cycles until you terminate in accordance with these Terms. Termination of the Initial Term or the then-current Renewal Term may only be done in accordance with the termination procedure described below.
Payment If you purchase a Pro Product as a Pro, you authorize Bidder to bill your credit card in the amounts and on the schedule specified in the Confirmation Email, on the applicable billing dates. You agree to notify Bidder of any changes to your credit card information necessary to process your payment. If Bidder is unable to process the payment, you will be responsible for making an alternate payment arrangement and any resulting processing fees that may be incurred, plus late fees as described below. Any prepaid amounts are not refundable, except as specifically described in these Terms. For some Pro Products, we will automatically deduct from your Bidder account balance the cost of responding to particular project requests. The cost to respond to a project request varies depending on service type and other factors, and may be adjusted from time to time by Bidder in its sole discretion. To purchase the right to respond to a particular project request, you must have a sufficient balance in your Bidder account. Depending on the type of Premium Product, the number of opportunities available to respond to a particular project request may be limited.
Late Fees and Billing Issues You agree to pay a late fee of $20 for each late payment. You also agree to pay reasonable expenses (including, without limitation, collection agency fees and attorney’s fees) incurred by Bidder in collecting any overdue amounts. You agree to notify Bidder of any billing discrepancies or issues within 20 days after they first appear, and if you do not, you agree that you have waived the right to dispute such billing discrepancies or issues.
Termination To terminate a Pro Product, you must notify Bidder at least 15 days prior to the last day of the Initial Term or the last day of the then-current Renewal Term (as the case may be) by contacting us. The effective date of termination will be the last day of the Initial Term or then current Renewal Term (as applicable) and not before such date. Bidder may terminate a Pro Product immediately by providing written notice to you (either by email or letter). If termination is by Bidder as a result of your material breach of these Terms, you will not be entitled to a refund of any previously paid amount.
ACCOUNTS AND CHARGES FOR USERS
User Account Account registration is required for Users to receive or use Pro Services. When you open or confirm an account, you will be required to provide us with specified personal information, which may include, without limitation, your name, address, mobile phone number, and credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via the Bidder Platform, telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Pro Services.
Charges You agree that use of the Pro Services will result in charges to you for the products or services provided by Pros (“Pro Charges”) and that use of the Bidder Platform will result in a 8-10% service fee on the final cost of the products or services provided by Pros (“Bidder Service Charges”) (Bidder Service Charges and Pro Charges, collectively, “Charges”). You will be informed of Charges before products or services are provided by Pros. Bidder may offer discounts on Charges from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions Bidder specifies for the discount. You should confirm Charges each time you request or contract for products or services. Applicable sales tax will be added to all Charges where required by law.
Payment Payments for Bidder Service Charges are immediately due and payable to Bidder upon provision of the applicable Pro Services and, except as set forth in these Terms, are final and nonrefundable. Payment terms for Pro Charges will be as agreed upon between you and the Pro. You acknowledge and agree that your purchases of services and products from a Pro are transactions between you and that Pro, and not with Bidder.
Payments for Charges that meet our requirements for a refund rather than an account credit (as set forth in these Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
THIRD-PARTY INTELLECTUAL PROPERTY
Third-Party Intellectual Property All non-Bidder trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Bidder at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address, (v) a signed statement that you have 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, and (vi) a signed statement that the information in the notication is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:
ADDITIONAL APPLE REQUIRED TERMS FOR iOS APPS
The following additional terms apply if you access or use the Services through an Apple iOS product:
Acknowledgement Bidder and you acknowledge that these Terms are concluded between Bidder and you only, and not with Apple, and Bidder, not Apple, is solely responsible for the Services and the content thereof.
Scope of License The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support As between Apple and Bidder, Bidder is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Bidder and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty As between Apple and Bidder, Bidder is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bidder’s sole responsibility.
Product Claims Bidder and you acknowledge that Bidder, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights Bidder and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Bidder, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address Bidder may be contacted at support@bidder.bz in connection with any questions, complaints or claims with respect to the Services.
Third-Party Beneficiary Bidder and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
RELEASE
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE BIDDER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “BIDDER PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, Bidder, USERS, PROS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BIDDER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH Bidder, USERS, PROS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE BIDDER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, BIDDER, USERS, PROS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BIDDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE BIDDER PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, BIDDER, USERS, PROS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO Bidder FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Bidder, TEN DOLLARS (IF YOU ARE A USER) OR ONE THOUSAND DOLLARS (IF YOU ARE A PRO). Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
INDEMNIFICATION
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE Bidder PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, BIDDER, USERS, PROS OR OTHER THIRD PARTIES, OR (3) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. BIDDER RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH Bidder IN ASSERTING ANY AVAILABLE DEFENSES.
Disputes Binding Arbitration YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US, INCLUDING BUT NOT LIMITED TO THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS OR THE PRIVACY POLICY (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Los Angeles County, California or the city within the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN LOS ANGELES COUNTY, CALIFORNIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Bidder may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Governing Law You agree that these Terms, the Privacy Policy and any Dispute will be governed solely by United States and California state law, without regard to conflict of law provisions. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of entering judgments on arbitral awards. A User’s rights under an agreement with a Pro will be governed by the terms of that agreement and by applicable federal, state, and local laws.
Contact Us If you have questions about these Terms, please contact us by email at support@bidder.bz.
