Please read thoroughly this document. This document describes the terms with which localbidder.com offers you access to our services. www.localbidder.com is the property of Localbidder, LLC, and any and all mentions in this agreement of www.localbidder.com, or localbidder.com, or localbidder, represent Localbidder, LLC and the extent of the Localbidder, LLC liability. This agreement describes the terms and conditions applicable to your use of our services available under the www.localbidder.com domain. Your use of the localbidder.com website constitutes acceptance of our Terms and Services. Once you accept the terms and conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the localbidder.com website. All modified terms and conditions shall take effect immediately after posting to the localbidder.com website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on January 1, 2009 for all users.
1. Localbidder.com is a Neutral Venue. Localbidder.com is not a vendor or broker.Our site acts as a venue where job posters and vendors can meet and enter into agreements. We are not involved in the actual transaction between job posters and vendors. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. localbidder.com does not prequalify or validate the claims of vendors or job posters, including with respect to their licensure, insurance and registration. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between job posters and vendors, we have no control over the accuracy of listings, the ability of vendors to meet service needs, or the ability of job posters and vendors to complete a service need/offering. We cannot ensure that a vendor will complete a job poster’s service, and we cannot ensure that a job poster will follow through with payment. Jobs posted on the localbidder.com site, and Bids posted on the localbidder.com site, are all non-binding agreements and are subject to change. Localbidder.com and Localbidder, LLC are not liable for any effects or issues that result from agreements entered into on the localbidder.com site.
2. Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended localbidder.com members. Minors may only use this service in conjunction with their parents or guardians. Your localbidder.com membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website is for services only and that work that you provide will only involve services. You agree that you will not use your participation in the localbidder.com website as a means to sell or market any types of goods or products, unless specifically allowed by localbidder.com.
3. Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
4. Fees. There are currently no required fees to join localbidder.com and no listing fees for job posters or vendors. localbidder.com may collect a nominal service charge from vendors signing up for the site in certain categories, including membership fees and charges for jobs won through the localbidder.com website. The amount for memberships is displayed clearly in monthly and annual amounts, and vendors registering for the site acknowledge they are responsible to pay the fee associated with each membership classification (Gold Membership, Silver Membership, Bronze Membership, Basic). During registration, vendors are also responsible for defining the term of their membership and payment schedule, whether it be monthly or annual, and whether payments should be automatically charged on a recurring basis or manually billed. For vendors who register as BASIC members, there will be a 3% service fee charged on the Final winning bid amount negotiated on localbidder.com. BASIC members will be required to pay localbidder.com this 3% fee before they can contact the consumer who posted the job. The amount for such a service charge, if any, will be displayed for customers before they accept any bid. Vendors are charged a fee based on a percentage of their accepted bid price. The fee charged to vendors who are chosen to be the winning bidder by the job poster is 3% of the winning bid price.
This fee is only charged if a vendor’s bid is accepted by the job poster. localbidder.com reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. All fees are quoted in U.S. Dollars. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your localbidder.com password to any third parties.
5. Deposits. We do not currently hold deposits from vendors or job posters in order to use our site, though if, in the future it is decided by localbidder.com to employ a deposit-based system, we will communicate the change in an updated user agreement listing on the localbidder.com site.
6. Authorization to Credit and Debit Accounts. You irrevocably and expressly authorize localbidder.com to credit any monies to the account that you have identified for localbidder.com. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in activity on our website. You agree that it is your responsibility to alter your account settings in accordance with how you will be billed, specifically in authorizing recurring charges to your credit card. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated above. You irrevocably and expressly authorize localbidder.com to withhold any monies and/or debit any monies from any account that you have identified to localbidder.com for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to localbidder.com. We reserve our rights to all actions and remedies in connection with any monies owed to localbidder.com. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section. Authorization of Recurring Payments: You authorize regularly scheduled charges to your checking/savings account or Visa, Mastercard, or Discover. You will be charged on schedule each billing period, and proof of payment will be emailed to you. The authority you give to charge your account will remain in effect until you notify us in writing to terminate the authorization, or adjust the settings under “My Account” on localbidder.com to be billed manually. If the amount of your payment or payment schedule changes, we will notify you at least 10 days before payment date.
7. Unpaid Fees. If, for any reason, any fees have not been received or in any manner realized by localbidder.com on matches that have been completed by you for the services and any additional services performed by you ("Unpaid Fees"), You agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to charge your credit card on file the full amount owed us we reserve the right to charge your credit card for fees associated with specific matches or transactions that occurred on our site. If in any billing period, we are not able to charge your credit card on file the full amount owed us, localbidder.com may charge your account a penalty of no more than $10 for every billing period that your account remains unpaid. In addition, localbidder.com may charge interest, in the amount of 1.5% per month or fraction thereof, on any unpaid account balance that you maintain. Any partial payments made to members’ account balances will first be applied to the most recent fees owed us. If anytime after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account or, at our discretion, put your account into the localbidder.com Financial Probation Program, which allows you to continue to place bids and win business in the localbidder.com marketplace while being subjected to a higher match fee (currently 10.0%) that is paid directly to us by the Shipper as a deposit prior to the Shipper accepting a bid from You. This deposit reduces the money that you may collect from the Shipper by the exact amount of the deposit paid by the Shipper. If you subsequently pay off your entire balance owed to localbidder.com, you may be removed from the localbidder.com Financial Probation Program. localbidder.com reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
8. Match Cancellations and Refunds. . A “Cancellation” occurs when either party has to cancel AFTER a bid was accepted on localbidder.com but BEFORE any services are performed. After a bid is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on localbidder.com will not be performed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either:
a) accepting the cancellation and your reason;
b) accepting the cancellation but providing their own reason and/or comments; or
c) rejecting the cancellation and requesting review by localbidder.com staff.
If your Request for Cancellation is accepted by the other party, the match will be retracted and the posting can either be relisted or deleted. If your Request is rejected by the other member, then the Request will be sent to localbidder.com and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted (Case a). Once a cancellation is accepted, any refunds associated with the vendor deposit will be refunded to the vendor.
Cancellations are also incorporated into feedback.
localbidder.com takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to retract matches that have already occurred or are expected to occur, or colluding with other members to abuse the process. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
9. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the localbidder.com website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
10. Release. Should you have a dispute with one or more localbidder.com users, you release localbidder.com, Localbidder, LLC, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11. Vending. IMPORTANT: localbidder.com does not screen or qualify vendors or job posters for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the job poster or vendor before services are rendered by the vendor.
12. Prohibited and Restricted Items. Prohibited Items: Hazardous or dangerous goods. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on localbidder.com. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labeled) may be listed on localbidder.com - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements in the US, see the U.S. Postal Service Publication 52. Restricted Items: Prohibited regulated or perishable goods. These are items considered restricted or perishable by the U.S. Postal Service which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are permitted on localbidder.com (see U.S. Postal Service Publication 52 for additional details). Full responsibility rests with the sender to comply with all postal and nonpostal laws and regulations that relate to the mailing of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to those specified in 18 U.S.C.
13. Household Goods Shipments. The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations for the protection of shippers of household goods. Your TSP is required by the FMCSA to provide you with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of your TSP at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other helpful information at www.protectyourmove.gov.
14. Non-household Goods Shipments. The Federal Motor Carrier Safety Administration, part of the U.S. Department of Transportation, required that all TSPs handling interstate shipments register with it and provide certain information. You can determine the registration and safety statues of your TSP at www.fmcsa.dot.gov. Certain transportation services may involve movements only within one state. A number of states have statutes and regulations pertaining to such intrastate transportation. We suggest you check with your state Department of Transportation if your service is entirely within one state.
15. Transportation. You must legally be able to perform the jobs you bid on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You must describe your offer and all terms of your services on the bid submittal form on our site. You acknowledge that the localbidder.com website exists for members to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), localbidder.com reserve the right to suspend or cancel your account at our sole discretion. Your bid may only include content relevant to the description of your services. If you are registered with BASIC registration, You authorize localbidder.com to charge the localbidder.com match fee to your credit card when you accept your status as winning bidder (see Fees and Match Retraction above). We may provide distance calculations and driving directions (or links to 3rd party driving directions) to vendors as part of our service. We are not responsible for the accuracy of this information. We recommend that you verify with the job poster the information that we provide.
16. Account Management. The localbidder.com site is self-policed by the localbidder.com management staff.
17. Information You Submit. You solely are responsible for any information you provide to us or other users in the registration, posting, bidding, or performance process. Your personal information and any posting or bidding information must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing localbidder.com transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website. Furthermore, you may not list any job or service on our site that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize localbidder.com to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
• Will not violate any federal or state law, regulation, rule, or statute;
• Will not violate the terms of this Agreement;
• Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
• Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
• Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about localbidder.com employees, agents, other members, or the marketplace itself;
• Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website;
• Will not scan or test the vulnerability or security of our website or the system within which it operates;
• Will not be used for commercial or public purposes outside of the requirements of this Agreement;
• Will not create liability for us in any manner whatsoever;
• Will not frame or link to our website without our written permission;
• Will not involve the upload, or insertion of, any programming language or code into or onto, our website.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
18. Fraud. localbidder.com may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our website. Members may not manipulate the bid prices for any shipment or interfere with other members' listings or transactions. Other fraudulent acts include:
A. Fees - You shall NOT:
• Charge to, or in any way attempt to collect from members, as an additional charge to the total amount agreed upon for the services, the localbidder.com winning bid service Fee, or;
• Represent or communicate to members that you are to collect the localbidder.com winning bid service Fee;
• Cause another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the localbidder.com winning bid service fee;
• Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a winning bid service Fee;
• Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a winning bid service Fee.
B. Manipulating feedback - You acknowledge and agree that the localbidder.com website is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we can not, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the website is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon those feedback. Therefore, in order to preserve the key component and integrity of the website, you shall NOT:
• Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
• Post and/or cut and paste and/or copy the content of a member feedback review from the localbidder.com website to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
• Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
• Post or attempt to post, in any manner or by any means, a feedback review on your own account.
19. Off-Site Communications. localbidder.com prohibits offers by its members to provide service offerings, or to offer performance on listed job postings, outside of the localbidder.com site. Offers of this nature circumvent localbidder.com’s fee structure and are a potential fraud risk for both job posters and vendors. Some examples of off-site offers include:
1. Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in localbidder.com’s question and answer system, profile section, “Additional Information” sections, username, discussion forums, shipment listing, or shipment description.
2. Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through localbidder.com’s question and answer system, profile section, “Additional Information” section, username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site.
localbidder.com reserves the right to edit, amend, or delete any personal contact information that members submit on our site. localbidder.com reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
20. Community Postings. localbidder.com reserves the right to edit, amend, or delete any information posted on the site or discussion forums if, in the sole opinion of localbidder.com, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement which has detailed information about what postings we deem unacceptable.
21. Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the localbidder.com website at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the localbidder.com marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.
22. Petition for Reinstatement. Upon your removal from the localbidder.com website, you may petition for reinstatement. Your petition for reinstatement must include the following: a) A written statement as to why you should be reinstated b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
23. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
24. Taxes You are responsible for collecting and remitting any and all taxes associated with the transactions, payments, or use of this site.
25. Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
26. Non-solicitation. During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
27. No Felony Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
28. Unsolicited Idea Submission. We always want to receive messages and feedback from localbidder.com members and welcome any comments regarding the localbidder.com marketplace. However, localbidder.com policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by localbidder.com might be similar or even identical to your idea.
If you do send localbidder.com an unsolicited suggestion, idea, or proposal, or if you send, at the request of localbidder.com, a comment or suggestion to improve the localbidder.com Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), localbidder.com will consider the Submission to be non-confidential and non-proprietary. localbidder.com shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. localbidder.com shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
29. Identity Verification. We use techniques to help verify the identity of vendors and job posters when they register on our website; however, localbidder.com cannot and will not confirm each service provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
30. Feedback. For each localbidder.com transaction, the job poster can leave vendor performance feedback. Feedback consists of leaving one rating, along with a short comment about your experience.
If you attempt in any way to undermine the integrity of our feedback system in any way, or if you earn a net feedback rating of negative, your membership may be suspended. You acknowledge that your feedback consists of comments left by other localbidder.com members and a composite feedback number compiled by localbidder.com. You agree that you will not use your localbidder.com feedback in any venue other than localbidder.com. Members should always use caution and good judgment when leaving feedback for another member because, members could be help legally responsible for damages to a member’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because localbidder.com does not censor feedback or investigate it for accuracy, localbidder.com is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
31. Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member’s profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond:
Feedback Comment Withdrawal. localbidder.com will remove individual feedback comments only in very rare circumstances, such as when they violate certain localbidder.com policies. Other situations where localbidder.com will remove feedback include: feedback containing vulgar language or other personal contact information, and instances when localbidder.com receives a valid court order to remove feedback.
32. Remedies. Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your shipment or trip listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.
33. No Warranty. localbidder.com, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
34. Limited Liability. In no event shall we, our employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence. Our liability, and that of our employees and suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and $100.
35. Indemnity. You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
36. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
37. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by localbidder.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the localbidder.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in San Diego, CA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
38. Dispute Resolution. Disputes between you and localbidder.com regarding our services should be reported to support@localbidder.com.com. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to localbidder.com, we will make every effort to help both parties communicate, however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity (for example, SquareTrade). We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
39. Protection of Intellectual Property Content. The localbidder.com website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
40. Trademark and Domain Name Protection. The localbidder.com website contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by The localbidder.com website contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
41. Security. localbidder.com uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
42. Governing Law. THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
43. Policies for Refunds, Exchanges, Cancellations: Refunds, Exchanges, and/or Cancellations for vendor membership subscriptions or fees for winning bids are to be requested, in writing, and emailed to support@localbidder.com or sent via standard mail to1433 Oliver Ave, #2. San Diego, CA 92109. Refund, Exchange, and Cancellation requests are due within 15 days of the disputed charge. Additional support will be provided by calling the Localbidder.com office at (858) 337-5962. Refund, Exchange, and Cancellation requests should contain the following information:
Name
Username/Email address
Charge(s) in question
Date of original purchase date
What you are requesting ((a refund or an exchange)
Why you are requesting a refund or exchange
Incomplete Refund, Exchange, or Cancellation Requests will delay your refund/exchange/cancellation. We reserve the right to set a deadline for complete request information. If the deadline is not met, you will not receive a refund or an exchange. Authorized refunds will be transmitted via check, so note that credit card charges will not be reversed on the card. For Vendor membership or subscription refunds for Bronze, Silver, or Gold classified members, changes to account settings not received within 15 days of the charge will not take effect until the end date of the existing membership contract for which payment has been received. Refunds requests received more than 15 days after the disputed charge has been incurred may not be considered for processing.
44. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. Any reference to localbidder, localbidder.com, localbidder LLC, refers and specifically represents the behalf of the legal entity, Localbidder, LLC. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The f |
