 BIDGOURMET.COM TERMS OF USE
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| This document comprises the Terms of Use Agreement, hereinafter referred to as the "Agreement", and constitutes a legally binding Agreement between you, ("You") the visitor, client or subscribing member of our site, and Bidgourmet.com hereinafter referred to as the "Site" or "We/Us," the owner and operator of this Site. |
| As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership. This Agreement may be changed or modified by us at any time with no prior notice to you. Your usage of any tool or service that we provide subsequent to our posting of a modified version of this Agreement is your express indication to us that you agree to be bound by each and every term of the subsequent, modified version of this Agreement. Please review this Agreement each time you log into our Site or use one of our tools or services. |
| Client and Subscription Membership Rules |
| Clients (Event Planners) are those persons who seek and/or obtain the services of an independent service provider (catering firm, event rental space and so on) via our Site. All service providers are independent contractors and BidGourmet.com assumes no responsibility for their services or any injuries or legal issues that arise from a client's usage of said services. Clients agree to HOLD BidGourmet.com HARMLESS from any losses or injuries of any and all nature that arise from the usage of service provider services and further agree to indemnify BidGourmet.com from any losses or damages of any nature regarding the services provided by service providers located and hired via BidGourmet.com Clients must register via our Site in order to contact service providers. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." |
| Clients post job requirements which result in service providers posting bids for the job and clients may then select the bid that they feel is appropriate or no bid at all, if such is their decision. All jobs hired must be paid for according to the bid amount and all agreements to hire a service provider are lawfully binding contracts. |
| Service Providers are professionals who offer services via our Site. Service providers are independent contractors and not employees of BidGourmet.com. Service providers may bid on job offers according to their particular subscription plan. It is strongly suggested that all service providers reduce the agreement between themselves and their clients to writing so that there is a written agreement rather than an oral agreement. Some states will not enforce an oral agreement and it is always more difficult to enforce an oral agreement versus a written agreement. Consult with a licensed attorney in your area for more information about written agreements. |
| Service providers must subscribe to our services in order to place bids. All service providers agree to pay our subscription fees via credit card in advance. Please consult our site for full descriptions regarding our subscription plans and their related fees. In addition, we shall deduct a percentage from all earnings of service provider. Please consult our Site for further information regarding the deduction we calculate. |
| Disputes between Client and Service Provider: We do not intervene or otherwise act to resolve any dispute between clients and service providers. Resolution of disputes must be solely handled by the individual parties involved. |
| Escrow Accounts: we provide escrow account service, so that payments to service providers may be safely and securely lodged in such an account. Funds are released to service providers only when such release is authorized by the client, and are subjected to escrow account fees, which we may deduct from the payment prior at the time of release, along with any other fees that we impose or are owed to us, including service provider membership fees. Please review our site for further information. |
| Profile Ghostwriting Services: we provide a service whereby a third party may be hired for the purpose of copywriting (creating) your service provider profile and related text. If you elect to use that service, you agree to hold us harmless and defend us from any claims regarding any civil matter of any nature, including intellectual property claims, arising from usage or publication of the text or other materials that you receive from the author. Each copywriter is an independent contractor that you hire and the business relationship that you have with each copywriter is strictly between you. We offer no guarantee or warranty of any nature regarding such copywriting services and merely provide a service whereby you can contact and retain such copywriters. Copywriters are not our employees and are contracting strictly with you. |
| Feedback/Ratings: we may provide feedback and rating tools. Should we provide the same, all users and members agree not to "game" or otherwise attempt to falsify, manipulate or otherwise cheat such tools. |
| Refunds: Any and all refunds from service providers, if sought by the relevant client, must be paid directly by the service provider, if paid. We do not collect refunds on behalf of clients or become involved in the issue of refunds from service providers or any third party or entity. |
| Private Message Boards: we provide private message board services. You must obey and follow any and all guidelines we publish on our site regarding usage of the private message board services. |
| General Rules regarding the BidGourmet.com Site |
| Site members and visitors may not: |
- Violate the law of any jurisdiction while visiting our site, our clubs, or using any tool or service that we provided.
- Harass or Cyberstalk any user.
- Conduct any activity that is harmful or detrimental to our site as solely determined by us.
- Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
- Upload any material that is harmful to our user's computers or objectionable to our community as a whole.
- Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
- Falsely represent your professional or business credentials or professional background.
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| You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides. |
| We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein. |
| Rules that cannot be violated by users or members include the following |
- Spamming. Any activity generally described as "spamming" by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership being terminated without prior notice to the member.
- Racist, intolerant, "hate," defamatory, "stalking," invitations to fight, threatening or any post of any nature that we decide, in our sole discretion, as being improper, will result in membership termination without prior notice.
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| Any user may terminate their use or membership at this site at any time. We may terminate usage or membership of any person or entity at any time for any reason we deem appropriate with no prior notice to the person or entity whose membership or usage is being terminated. |
| We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein. |
| Disclaimer of Warranty |
| We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied. Service providers are not promised any minimum amount of labor or contracts. |
| Intellectual Property Provisions |
| All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "framed" or "mirrored". All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way. |
| Disclaimer Regarding Functionality |
| All content, tools, functions and services provided via this Site are provided on an "as is" basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site. |
| Termination of Service |
| We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. |
| You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement. |
| Automatic Viewing or Usage of this Site |
| You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site. |
| Links to Third Party Sites |
| We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites. |
| Submissions |
| All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. "Submissions" may be thought of as "letters to the editor" or "suggestions/ideas" type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action. |
| Limitation of Liability |
| We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly. |
| Content Issues |
| We are not responsible for any content provided to you by our site members. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law. |
| You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site. |
| Jurisdiction |
| This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of New York, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in New York, New York before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section. |
| Foreign Usage |
| We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). |
| General Information |
| This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors. |
| We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement. |
| Notice |
| Notices to you may be issued via electronic mail or by surface mail, at our sole selection. |
| Force Majeure |
| Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances. |
| Intellectual Property Notices |
| You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature. |
| All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations. |
| Contacting Us |
| Please contact us by email: Customer@bidgourmet.com |
| Or by surface mail: |
| BidGourmet, PO Box 2576, New York, NY 10185 |
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