LEADS BID TERMS & CONDITIONS
The term “BID” refers to a “Request
For Bid.” The term “Seller” refers to companies who
have registered and opted to receive BID’s from LeadsBid.com.
The term “Buyer” refers to individuals or companies that submit
BID’s through LeadsBid.com.
By accessing or using any areas of LeadsBid.com, you
are bound by the terms and conditions set forth below, as well as the terms
of our Acceptable Use Policy , Lead Credit Policy and our website Privacy Policy.
If you do not accept these terms and conditions, you may not access or use this
website or its services. We retain the right to modify these terms and conditions
at any time by posting new terms and conditions on this page.
Services
LeadsBid.com connects Buyers who need
BID’s with Sellers who provide competitive, price, term
and quantity matched bids.
Although the goal of LeadsBid.com is to help Buyers
find the perfect match for the services they need, LeadsBid.com is not
responsible for the relationship or any transactions between the Buyer and the
Seller. LeadsBid.com is not responsible if either party misrepresents
themselves, therefore, due diligence is recommended before a purchase of a product
or service is made.
In the event that a disagreement or legal action is taken
between the Buyer and the Seller, both parties herby agree not to hold LeadsBid.com
responsible in any way, and release LeadsBid.com and our employees and
agents from any damages, claims, consequential damages, incidental damages of
every kind or nature, suspected and unsuspected, known and unknown, disclosed
or undisclosed arising from or in any way connected to the company or private
parties requesting a quote for services, or the company offering the services.
Buyers - Companies or private parties requesting a
quote for products or services
You agree that by completing a Request For Bid,
that you are entering into a business relationship with LeadsBid.com
and the companies providing quotes for service and thus agree to be contacted
by LeadsBid.com and the companies responding to the BID.
You acknowledge that these companies can contact you regarding your request
for a quote via email, phone, fax and or mail, and that you are expressly consenting
to such contact by them and/or LeadsBid.com.
LeadsBid.com will attempt to provide up to 4 (four)
quotes; however, we are not responsible if you do not receive quotes from all
five companies or if less than five companies meet your criteria.
LeadsBid.com reserves the right to discontinue your
request if it is not for the explicit use of requesting a quote for purchase.
Hacking, fraud, advertising, competitive intelligence and spamming will not
be permitted. Violators will be prosecuted to the full extent of the law.
Sellers - Companies providing a product or service
You agree that you will respond to the request for a quote
within two business days of receiving the request.
That you will consider the information for the requestor as
confidential and will not discuss the information out side your company unless
as it directly relates to providing the quote.
You will not receive quotes under one product or service only
to cross sell a different product or service.
You agree to any annual maintenance fees and pre-authorization of credit card
charges for any fees and monthly charges.
You are responsible for contacting LeadsBid.com within
3 (three) days of a change in credit cards. If your credit card is rejected
for any reason, including not enough funds, the service will stop until the
credit card is changed or can be charged.
You agree that each month your credit card may be charged
for the monthly amount of requested quotes. If the previous months quotes were
not fulfilled and money in the account was not fully used, then the difference
will be charged, bringing your account back to the requested number of monthly
quotes at the beginning of each month.
LeadsBid.com is not responsible for the email alert
of a BID if not received. This includes blocking of emails from Spam filters,
email hosting company filters, internet service provider email filters, corporate
email filters, internet failure or delay in email, etc.
Credits are available for quotes with incorrect phone and
email address or if the company requesting the quote checked the wrong fields
in filling out the form. All credits are in the form of a credit to your LeadsBid.com
account for use on a future quote. All requests for credits must be submitted
within 24 hours of the BID notification. Financial refunds to your credit card
are not permitted unless you cancel your account. When canceling your account,
the setup fee is non-refundable.
Permission to Use this Website
Many portions of this website are available for public viewing
and use. You must register or enter into a separate agreement with LeadsBid.com
to access other portions of this website. Subject to the terms and conditions
set forth on this page, our Acceptable Use Policy and our Privacy Policy, and
the terms and conditions of any license or other agreement pursuant to which
you use our products or services, LeadsBid.com grants you permission
to do the following: (i) view and use for intended purposes those portions of
this website to which we have granted you access; (ii) make one complete, unaltered
electronic copy and/or one complete, unaltered paper copy of any page on this
website to which we have granted you access, provided you retain all copyright,
trademark and other proprietary rights notices and that you use it solely for
personal or internal business purposes and do not distribute or republish it;
(iii) obtain our products and signup for our services, subject to payment of
all applicable charges and agreement to the terms and conditions of any license
agreement or other agreement associated with those products and services; and
(iv) use the discussion forums, contact lists and e-mail links to which you
have been granted access to interact with LeadsBid.com and other users
of our products and services in ways that do not violate our Acceptable Use
Policy. Any other use of this website or its contents is prohibited without
first obtaining written permission from LeadsBid.com.
Copyright, Trademarks and Other Proprietary Rights
This website contains text, data, software, photographs,
graphics, videos, music, sounds and other information and material that is protected
by state, national and international law pertaining to copyrights, trademarks,
trade secrets, and other proprietary rights. Unless indicated otherwise, all
of this content is the property of LeadsBid.com and/or its licensors
or affiliates, and LeadsBid.com and its licensors and affiliates reserve
all rights with respect to this website’s content, including, without
limitation, all rights to copy, display, distribute, transmit, modify, remove,
and create derivative works of it.
Trademarks, product names, company names and logos appearing
on this website are the property of their respective owners. You must obtain
permission from those owners before copying or using their trademarks, product
names, company names or logos.
Linking, Framing, and Metatags
You may make referential links to any of the publicly accessible pages on this
website that are not password protected, subject to review and termination by
us at any time and for any reason. Please be aware that we continually update
and revise our website. We cannot guarantee that each page to which you may
provide a link will remain available or that its content will remain the same.
You may not link to our website in any way that might lead
others to believe that our website or any of its contents were created or are
operated or offered by you or any party other than LeadsBid.com.
You may not use any of LeadsBid.com's trade names,
trademarks or any of the textual content of our website as metatags in your
own website, unless we have granted you a license explicitly permitting you
to do so.
Communication and Submissions via this website
Whenever you communicate with LeadsBid.com or others
using this website, including its forums and e-mail links, your communications
are not confidential. LeadsBid.com is free to use all submissions, ideas
and feedback contained in your communications in any manner that is consistent
with our Privacy Policy, including, but not limited to, incorporating your suggestions
into our product and service offerings without any financial or other obligation
to you.
Member Account, Security and Password
If any of the products or services available to you on this
website requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information as prompted
by the applicable registration form. You may be asked to choose a username and/or
password. You are entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify LeadsBid.com
immediately of any unauthorized use of your account or any other breach of security.
LeadsBid.com will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by LeadsBid.com
or another party due to someone else using your account or password. You may
not use anyone else's account at any time, without the permission of the account
holder.
Third Party Statements and Opinions
LeadsBid.com is not responsible for any opinions, advice
or statements made by third parties. Except as required by law, we have no obligation
to monitor users’ postings to our forums or to remove or retain forum
content, although we reserve the right to do so.
Third Party Products, Services and Websites
Third parties may develop or provide tools, skins or other
software applications or components, materials, data, content or other products
or services for use with our products or services, some of which may be accessible
on or via this website. LeadsBid.com makes no representation or warranty
with respect to the quality, reliability or non-infringement of any third party
product, service or material accessible on or via this website. Your rights
with respect to third party products, services or data may be subject to the
terms and conditions of separate agreements with the third parties providing
them.
This website may contain links to third party Web sites. These
links are provided solely as a convenience to you. Unless explicitly stated
otherwise, they are not intended as a certification or endorsement of the owner
of the website, the website’s content, or any products or services available
on or via the website. LeadsBid.com does not control and is not responsible
for linked Web sites, or any Web sites (other than our own) that are linked
to them.
No Warranties
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS
IS" AND "AS AVAILABLE" BASIS. LeadsBid.com, AND ITS DIRECTORS,
OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS,
AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY,
"AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT
THIS WEBSITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS
WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR the availability
or quality of any products or services AVAILABLE VIA this website (except as
may be set forth in any license or other agreement related to those products
or services).
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR
OTHER AGREEMENT BETWEEN YOU AND LeadsBid.com PERTAINING TO LeadsBid.com's
PRODUCTS OR SERVICES, Neither LeadsBid.com nor any of its affiliates
will be liable for ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER LOSSES OR damages arising out of or RELATED TO use of this website
OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEBSITE,
whether as a result of errors, omissions, LOSS OF DATA, defects, viruses, interruptions
or delays in operation or transmission, or ANY other cause. THIS LIMITATION
OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF
IS SOUGHT AND EVEN IF LeadsBid.com AND/OR ITS AFFILIATES HAVE BEEN ADVISED
OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.
IN NO EVENT WILL LeadsBid.com's AND ITS AFFILIATES’
TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR
USE OF THIS WEBSITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY
YOU OR US $1O.
Some jurisdictions limit the exclusion OF DAMAGES or limitation
of liability, so the above exclusions AND limitations may not apply to you.
IF any part of the exclusions of DAMAGES OR LIMITATION OF liability set forth
above is unenforceable under applicable law, LeadsBid.com AND its AFFILIATES'AGGREGATE
LIABILITY will BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Export and Import Restrictions
This website is controlled and operated by LeadsBid.com
from its offices within the United States. LeadsBid.com makes no representation
that the products, services and other materials available through this website
are appropriate or available for use in other countries, and access to them
from countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally
to your access to and use of this website and our products and services. Some
of these terms and conditions may be modified or superseded by expressly designated
legal notices located on other pages of this website or by the terms and conditions
of the licenses or other agreements pursuant to which you obtain our products
or services. A specific provision in any of those notices, licenses or agreements
that addresses the same subject matter as a provision on this page overrides
the provision on this page.
No delay or failure to take any action or exercise any right
that LeadsBid.com may take or exercise pursuant to these terms and conditions
or applicable law will constitute a waiver of that action or right by LeadsBid.com.
Any litigation arising out of or related to your access to
or use of this website will be brought only in the United States District Court
for the District of New Mexico, or, if federal subject matter jurisdiction is
lacking, then in the New Mexico state trial court for the division and county
in which LeadsBid.com's or its successor’s or assign’s principal
office in New Mexico is then located. By accessing or using this website, you
submit to the personal jurisdiction of these courts and waive all objections
to placing venue exclusively before them. The prevailing party in any litigation
will be entitled, in addition to any other relief granted to it, to recover
reasonable attorney's fees, expenses and costs incurred in connection with the
litigation.
The terms and conditions contained on this page will be governed
by and interpreted in accordance with the laws of New Mexico, USA, without regard
to any of its choice of law rules that might lead to application of the law
of another jurisdiction. If any of the terms or conditions contained on this
page are determined to be invalid or unenforceable by a court of competent jurisdiction,
then the remaining terms and conditions will remain in full force and effect,
and the invalid or unenforceable term or condition will be deemed superseded
by a valid, enforceable term or condition that matches the practical effect
of the original provision as closely as possible. These terms and conditions
set forth our entire agreement with you related to your use of this website,
and they prevail over any other communications we may have regarding its use,
with the exception of an agreement signed by an authorized representative of
LeadsBid.com that explicitly authorizes a use which is inconsistent with
these terms and conditions.
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