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We thank you for your intrest in FreeJobBid.com.FreeJobBid is a Neutral Venue. FreeJobBid is not a contractor or job service provider or broker. 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. We are not involved in the actual transaction between Job Listers and Contractor/Service Providers. As a result, we have no control over the quality, safety, or legality of the transactions that take place on our website, the accuracy of our listings, the ability of the Contractor/Service Providers to perform their jobs or services or the ability of Job Listers to facilitate their service or job needs. We cannot ensure that a Job Lister or Contractor/Service Provider will actually complete a job or service. FreeJobBid does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Contractor/Service Provider, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Although we take certain steps to examine the credentials of our listed Contractor/Service Providers, we make no guarantees or representations regarding the skills or representations of such service professionals or the quality of the job that he or she may perform for you if you elect to retain their services. The Contractor/Service Providers are not employees or agents of FreeJobBid, nor is FreeJobBid an agent of the Contractor/Service Providers. FreeJobBid does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Contractor/Service Provider, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE FREE JOB BID INC. (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE FREEJOBBID MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS. 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 FreeJobBid members. Minors may only use this service in conjunction with their parents or guardians. Your FreeJobBid 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 contracting and services must have the valid licenses to conduct businesses in their state. 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 FreeJobBid website as a means to sell or market any types of goods or products, unless specifically allowed by FreeJobBid. 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 fees to join FreeJobBid. Contractors/Service Providers are charged a transaction fee according to the following table: Authorization to Credit and Debit Accounts. You irrevocably and expressly authorize FreeJobBid to credit any monies to the account that you have identified for FreeJobBid. 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 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 FreeJobBid to withhold any monies and/or debit any monies from any account that you have identified to FreeJobBid for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to FreeJobBid. We reserve our rights to all actions and remedies in connection with any monies owed to FreeJobBid. 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. Unpaid Fees . If, for any reason, any fees have not been received or in any manner realized by FreeJobBid 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, FreeJobBid may charge your account a penalty of no more than $10 for every billing period that your account remains unpaid. In addition, FreeJobBid may charge interest, in the amount of 2.0% per month, 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. FreeJobBid 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 credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. Match Retractions and Refunds. FreeJobBid requires all our members, Contractor’ s/Service Providers or Job Listers, to give a good faith effort to complete the jobs or services matched on our site. When a dispute arises after a match is made, Contractor's/Service Providers and Job Listers should communicate with each other to try and work out a mutually agreeable solution. After exhausting all reasonable efforts to work out a solution to complete a delivery, Contractor’s/Service Providers and/or Job Listers may formally initiate a "Match Retraction". A Match Retraction is ONLY appropriate when all other efforts have been tried and no compromise can be reached. Please email dispute@FreeJobBid.com for Match Retractions. In the email be as detailed as possible when describing the reason for the retraction. If the retraction is accepted by the other party (within the first 72 hours), it will automatically retract and a full credit will be given to the Contractor/Service Provider. If the retraction is disputed by the other party, it will be reviewed by FreeJobBid to determine if it should be retracted and what the credit, if any, will be given. The Job Lister will have the option of re-listing in the marketplace or deleting the job. The retraction request should be made within 60 days after the match was made. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the FreeJobBid 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. Release. Should you have a dispute with one or more FreeJobBid users, you release FreeJobBid, Inc., 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. Job Listing. As a Job Lister, you are obligated to complete the transaction with the Contractor/Service Provider if you accept the Contractor/Service Provider bid, unless the transaction is prohibited by law or by this Agreement. By accepting a Contractor/Service Providers bid, you agree to be bound by the conditions of the bid included in the bid details so long as those job or service details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the Contractor/Service Provider materially changes the bid details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the Contractor/Service Provider identity or credentials (see "Match Retraction" above for more details). Performing jobs or services . You must legally be able to perform the jobs or services 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 FreeJobBid 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), FreeJobBid 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 job services. If you bid on any job or service and your bid is accepted by the Job Lister, you are obligated to perform the services offered in your bid at the accepted bid price. You authorize FreeJobBid to charge the FreeJobBid match fee to your credit card when the Job Lister accepts your bid (see Fees and Match Retraction above).Information You Submit. You solely are responsible for any information you provide to us or other users in the registration, job or service process. Your personal information and any job or service listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing FreeJobBid 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 terms. You authorize FreeJobBid 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. CONTRACTOR/SERVICE PROVIDER PRESCREENING PROCEDURES AND DISCLAIMERS. FreeJobBid.com uses the following criteria as part of its registration enrollment process ("registration") for new home Contractor/Service Provider applying for membership in our network: Licensing - FreeJobBid confirms at the time of a Contractor/Service Provider registration, that prospective new Contractor/Service Provider members have all applicable required state-level or trade licensing. Legal - FreeJobBid utilizes third party services that record legal information to check for significant recorded state-level civil legal judgments entered against a prospective new service professional member by business customers within the three years prior to such service professional's registration. FreeJobBid does not make any representations or warranties as to the accuracy or completeness of the information provided by the third party services.NOTE: Contractor/Service Provider information confirmed as described above may change or expire over time; while FreeJobBid attempts to maintain accurate and up-to-date information, and confirms changes when notified, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a Contractor/Service Provider you verify that information presented is still current and/or acceptable to you. DISCLAIMER: FREEJOBBID EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. Fraud. FreeJobBid 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 job or interfere with other members' listings or transactions. Other fraudulent acts include: Fees - You shall NOT :Manipulating feedback - You acknowledge and agree that the FreeJobBid 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 that feedback. Therefore, in order to preserve the key component and integrity of the website, you shall NOT: Off-Site Communications. FreeJobBid prohibits offers by its members to contract, perform work or services or to offer listed jobs or services, outside of the FreeJobBid site. Offers of this nature circumvent FreeJobBid' s fee structure and are a potential fraud risk for both Job Listers and Contractor/Service Providers. Some examples of off-site offers include: Community Discussion Forums. FreeJobBid' s discussion forums are intended to allow our members to communicate their experiences using FreeJobBid. FreeJobBid reserves the right to edit, amend, or delete any information posted on the discussion forums if, in the sole opinion of FreeJobBid, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement or our Discussion Forum Rules, which has detailed information about what postings we deem unacceptableRight to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the FreeJobBid 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 FreeJobBid 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.Petition for Reinstatement. Upon your removal from the FreeJobBid 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. 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. Taxes you are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site. 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. 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. 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. Unsolicited Idea Submission. We always want to receive messages and feedback from FreeJobBid members and welcome any comments regarding the FreeJobBid marketplace. However, FreeJobBid 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 FreeJobBid might be similar or even identical to your idea. Identity Verification. We use techniques to help verify the identity of a Contractor/Service Provider when they register on our website; however, FreeJobBid 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. Feedback. If you undermine the integrity of our feedback system in any way, or if you earn a net feedback rating of negative four (-4) or lower, your membership may be suspended. You acknowledge that your feedback consists of comments left by other FreeJobBid members and a composite feedback number compiled by FreeJobBid. You agree that you will not use your FreeJobBid feedback in any venue other than FreeJobBid. Remedies. Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your job or service 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. No Warranty. FreeJobBid, 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. 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. 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. 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, and solicitation of offers to perform jobs or services. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by FreeJobBid to collect our fees and/or recover damages for, or obtain an injunction relating to, the FreeJobBid 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 Leesburg, Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Dispute Resolution. Disputes between you and FreeJobBid regarding our services should be reported to support@FreeJobBid.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. 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. Protection of Intellectual Property Content. The FreeJobBid 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. Trademark and Domain Name Protection. The FreeJobBid website contains trademarks, trade names, 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. Security. FreeJobBid 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. Governing Law. THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VIRGINIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. 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. 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 failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. 2007, FreeJobBid, Inc. and its licensors. All rights reserved. Use of this site constitutes acceptance of the FreeJobBid User Agreement and Privacy Policy.
Copyright © 2010, FreeJobBid, Inc.
