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Terms and Conditions
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Terms and Conditions
For Contractors
Contractor agrees to the following:
I. GENERAL TERMS AND CONDITIONS
1. RoofBidsNow.com (hereinafter referred to as RoofBids) is owned and operated by Daily Billing Services, Inc. RoofBids is an electronic bid platform. RoofBids provides Contractors with opportunities to provide pricing on Roofing projects with RoofBids Buyers. A Buyer is not charged a fee by Roofbids for use of the site, nor is he obligated to award a project posted on the site.
2. Contractors are not charged a fee to bid on projects. However, In the event a Contractor is awarded any project he was introduced to from Roofbids, Contractor agrees to pay a 1 1/2% processing fee, due within 30 days of an awarded project, regardless of project start date.
3. RoofBids does not review specifications posted by buyers or their representatives and cannot be held liable for any design related issues resulting from specifications or drawings posted on our site by Buyers or their Representatives.
4. RoofBids assists buyers in awarding projects by issuing letters of intent, upon the direction of a Buyer. It is important to note that any letter of intent does not constitute a legal contract. Contractor agrees to enter into a contract with Buyer based upon pricing they post on the site and in compliance with the specifications posted as well as any and all Roofbids terms and conditions. RoofBids strongly recommends both parties have all contracts reviewed by an attorney.
5. While RoofBids does make a reasonable effort to screen Buyers, RoofBids cannot guarantee any buyers creditworthiness. RoofBids makes no representation or guarantees of Buyers payment.
6. Roofbids has the sole discretion to revoke or refuse membership at any time and without notice
1. OWNERSHIP AND INTELLECTUAL PROPERTY
1.1. Ownership. Roofbids is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by Roofbids for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs, animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."
1.2. Copyright. The Site Content and Site Code are owned by Roofbids and are protected by applicable domestic and international copyright laws. All Rights Reserved. Unless expressly permitted elsewhere in the Site by Roofbids, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display or perform, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with Roofbids. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.3. Trademark. Roofbids, the Roofbids logo, Roofbidsnow.com are trademarks and service marks belonging to Roofbids. Any product, service, or trade name other than those owned by Roofbids that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the Roofbids Marks, or other service marks or trademarks contained in the Site, is strictly prohibited. You should assume that everything you see or read in publicly viewable areas of the Site that was not furnished or received by you (such as images, photographs, illustrations, text and other materials; Site Content) is copyrighted unless otherwise noted. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect Roofbids and its Licensor's trade secrets, you agree that you will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If you violate any of these terms, your permission to use the Site Content will automatically terminate; you must immediately destroy any copies you have made of the Site Content; and Roofbids may revoke your authorization to use the Site in addition to any applicable remedies that may be available, including but not limited to legal recourse.
2. USE OF THE SITE, GENERAL TERMS
2.1 License. Roofbids grants you a non-exclusive, non-transferrable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the Site via IP networks only, and in strict conformity with these Terms of Use. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future and may download those Pictures that are available on the Site on a download basis. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any music or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind Roofbids to such a contractual arrangement.
2.2 Use Limitation. Roofbids grants you this license for the limited purpose of finding, promoting, purchasing, and selling services on this Site only. Only individuals who can form legally binding contracts under applicable law (e.g., natural persons, individuals representing business entities, agents) are licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any purpose other than finding, promoting, purchasing, and selling services on the Site whatsoever.
2.3 Nature of Services/Disclaimer of Warranty. Roofbids offers its Site services as a venue to connect buyers and service providers and professionals in a virtual marketplace only. As a neutral facilitator, Roofbids is not directly involved in the actual transactions between users of the site. You acknowledge that such transactions are purely between the buyer and seller of the individual service or services. Should any dispute arise regarding any such transaction, your only recourse shall be directly between the buyer and seller of services only. Roofbids provides channels for communication and links to third-party dispute resolution services. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Roofbids is not responsible for errors in or omissions from the information contained or accessed through the Site.
2.4 Username/Password. Roofbids may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other person's access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. Roofbids shall not be responsible whatsoever in the event that your password is misappropriated by a third party. You authorize Roofbids to assume that any person using the Site with your username and/or password either is you or is authorized to act for you.
2.5 Communications/Messages from Users/Posting on the Site. You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any public Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Roofbids by reason of your transmitting a public Communication to any area of the Site. As used in these Terms of Use, "Your Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Site. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). Roofbids shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on such Forums for any reason whatsoever. Roofbids reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums and you acknowledge that Roofbids may not be monitoring the Forums and you are not relying upon Roofbids to monitor the Forums. Roofbids takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities. Users may not in their project description, bid summary, or in any other way include any contact information, including, without limitation, email address, links to any website, telephone number, or fax number, unless all parties to the transaction have accepted the terms and conditions to select a professional service provider established by Roofbids. Failure to comply gives Roofbids the right to terminate any user's account in addition to any other remedies available.
2.5.1 User Conduct. You agree NOT to do any of the following while using the Site: (i) Intentionally or unintentionally violate any applicable local, state, national or international law; (ii) Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) Impersonate any person or entity, including, but not limited to, a Roofbids official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vi) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vii) Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters; (viii) Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; (ix) Tamper with postings of other users; (x) Post logos, seals or slogans from third parties on any part of the Site unless they are provided by Roofbids or a Roofbids partner; (xi) Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site; (xii) Post false or misleading information about a product, service or service request. You acknowledge that Roofbids does not pre-screen Content, but that Roofbids shall have the right (but not the obligation) to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Roofbids or submitted to Roofbids. You acknowledge and agree that Roofbids may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Roofbids, its users and the public.
2.6 License to Your Postings to the Site; Indemnity. By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or Emailing them to us, you automatically grant to Roofbids a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) Roofbids exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to Roofbids (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold RoofBids harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against Roofbids, arising out of or relating to Roofbids exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.
2.7 Reservation of Rights. Any rights not expressly granted by Roofbids herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind Roofbids, except as expressly permitted in these Terms of Use.
2.8 Fees. There is no fee direct to a Buyer for RoofBids. Processing fees are paid by the Contractor who is awarded the project. Contractors pays fees on all projects they are introduced to by RoofBids regardless if the project is awarded utilizing the site or through private negotiation of alternate specifications. In instances in which a Contractor refuses to pay any RoofBids fees RoofBids reserves the right to collect through state imposed mechanics lien statutes.
2.9 Terms Relating to Refunds. All transaction fees, subscription fees, and any other fees for services provided for by Roofbids are non-refundable.
3. PRIVACY POLICIES
3.1 General Terms. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy.
3.2 Links to Other Sites. RoofBidsNow.com may contain links to other websites. Roofbids is NOT responsible or liable for the content or accuracy of the linked sites, or for the privacy policies of the linked sites.
4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
4.1 As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Roofbids does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Roofbids will not be stolen or otherwise surreptitiously obtained. Roofbids is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, Roofbids expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
4.2 NEITHER Roofbids NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES Roofbids, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Roofbids AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
4.3 NEITHER Roofbids, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE AND SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Roofbids, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.5 Roofbids IS NOT RESPONSIBLE FOR, AND YOU AGREE TO WAIVE ANY RIGHT TO ANY RECOURSE AGAINST Roofbids FOR, ANY LIABILITY RELATED TO THE COMPLETION, TIMELINESS, ADEQUACY, AND/OR PAYMENT FOR SERVICES LISTED ON THE SITE. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider.
4.6 Disclaimer of Liability for Repair/Property Damage. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Roofbids is not responsible for those, or any related, costs.
4.7 Indemnity. You hereby agree to indemnify, defend and hold harmless Roofbids and its Affiliates from and against any and all liability and costs, including but not limited to accounting and legal fees, incurred by Roofbids or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Roofbids reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Roofbids.
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