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Terms
Nearbid(sm) Terms of Use

This Web site (nearbid.com and/or any of its associated domain names belonging to or connected with this Web site owned by the same principals or agents) and the services of Nearbid.com LLC and its assigns, agents, and associated holding and operating entities ("Nearbid") are offered to you, conditioned upon your acceptance of the terms, conditions, notices, and provisions contained in this terms of usage agreement ("Terms of Use") without modification or change.
Your use of this Web site, your posting of jobs, your submission of bids, and your use of any of our services in any way, including but not limited to such use or access by telephone, e-mail, Web site, file transfer protocol (FTP), text or SMS message, or in-person visit (hereafter, "Services"), constitutes your automatic agreement and acceptance of all terms and conditions in effect at that point in time both in this agreement and also in any agreement or list of guidelines posted for a particular function or application.  We reserve the right to modify or change our terms of use at any time and without notice; such changes will be posted to this or another page containing our terms of use.  If you do not agreement with any of the terms found here, immediately cease your use of our Web site and any of our services.  You agree that discontinuation of the use of our service is your only recourse if you disagree with our terms.
Content. You understand that all files, images, text, documents, messages, photos, sounds, videos, or other electronic objects, devices, or materials ("Content") displayed, posted, transmitted, linked, or referenced on Nearbid are and remain, at all times, the sole responsibility of the person, persons, or entities from whom the Content originated.  You agree to maintain full responsibility for every individual item, listing, posting, and submission ("Object") of Content that interacts with or is otherwise made available through or on our Services.  You understand and accept that Nearbid does not control Content on Nearbid Services and is not responsible for the nature, type, or content of such Content.  You understand you may be exposed to Content or Objects which are offensive, objectionable, fraudulent, misleading, inaccurate, indecent, lewd, or inappropriate.  You understand that there may be links to other Web sites and services through Nearbid and understand that these are completely independent of Nearbid and Nearbid Services.
No Warranties or Guarantees. Nearbid makes no warranties, guarantees, or representations regarding the completeness, accuracy, truthfulness, or authenticity of information contained on any external Web sites or services or on Nearbid Services.  Your linkage to such Web sites or access of them is completely at your own risk as is your use of Nearbid and Nearbid Services.
Use Nearbid at Your Own Risk. You understand, agree, and accept that you are using Nearbid and Nearbid Services entirely and completely at your own risk.  You bear all risks associated with the use of Nearbid Services, and you agree that you will not hold Nearbid liable or responsible under any circumstances or for any reason arising out of or involving your use of Nearbid, Nearbid Services, Content, Objects, or information of any kind on Nearbid, e-mailed through Nearbid or as a result of Nearbid, or otherwise made available in any way through or because of these Services.  You understand that Nearbid does not pre-screen, filter, monitor, manage, or approve Content and is under no obligation to do so.

Use is a Privilege and Not a Right. Nearbid retains the right, but not the obligation, to modify, edit, delete, save, store, refuse, reject, or rate Content at its sole discretion and for any reason.
Third Party Systems and Services. Nearbid may contain features, functions, and Services which link to or otherwise access third party content, systems, and services which are completely independent of Nearbid.  You agree that any engagements, dealings, transactions, or involvement of any kind with third parties is at your own risk and subject to your own due diligence and care and not ours.  You agree that Nearbid will be held harmless from all liability of any kind for any losses, damages, expenses, costs, or fees you incur as a result of your dealings with third parties, whether those dealings arise out of using Nearbid Services or otherwise.  If you have a dispute with one or more Nearbid user, customer, client, contractor, vendor, or visitor, you understand, accept, and agree that you will not involve Nearbid in any such dealings or disputes, and you hereby release Nearbid, its agents, successors, assigns, employees, officers, and holding and operating companies from demands or damages (actual, punitive, or consequential) of any kind, type, or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, and arising out of our Services or otherwise.  If you legally reside in California, you waive California Civil Code Section 1542, which states, "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."
Claims of Infringement. Please notify Nearbid's agent with any notices of claims of intellectual property infringement of any kind at: infringe@nearbid.com and also write to: Nearbid.com LLC, Attn: Copyright Agent, P.O. Box 20232, Scranton, PA 18502 via certified, return-receipt delivery and regular U.S. Postal Mail.  Please provide the copyright agent with: a) an identification, sufficient so that we may locate it on our Web sites and systems, of the material on Nearbid you claim is infringing, b) a statement by you that you have a good faith belief that the use you are reporting is not authorized by the copyright(s) owner(s) or agent(s) or the law, c) a statement by you declaring, under penalty of perjury, that the above information in your notice is accurate and that you are the legal owner of the copyright interest involved or that you are otherwise authorized to act on behalf of that owner, d) your address, telephone number, and e-mail address, and e) your physical or electronic signature.  Nearbid will remove infringing material in compliance with and subject to procedures outlined in the Digital Millenium Copyright Act (DCMA).
Privacy and Information Dislosure. Nearbid has a privacy policy which explains our rights and restrictions to certain information.  It is located at http://www.nearbid.com/privacy for your viewing.  By using Nearbid and our Services, you acknowledge, agree to, and accept our privacy policy in full.  You acknowledge and agree that Nearbid may, at its sole discretion, store, preserve, maintain, release, or otherwise disclose your Content or Objects as well as your information, including but not limited to your IP address, timestamps, e-mail addresses, contact information, and all other user data if required to do so under the law or if doing so ensures compliance with the legal process, the enforcement of these terms of use, the response to claims that Content or Objects violate the rights of others or to respond to other claims which, at Nearbid's sole discretion, Nearbid deems to warrant the release of such information, or otherwise for the protection of the safely, well-being, property, and rights of Nearbid, its users, its community, and the general public.
Jurisdiction. You agree that the exclusive jurisdiction for any dispute with Nearbid or in any way relating to your use of Nearbid, the Nearbid.com Web site, or any Nearbid Services, resides in the courts of the State of Pennsylvania and you expressly consent to the exercise of personal jurisdiction in courts for the state of Pennsylvania in connection with any dispute, including any claim involving Nearbid or its affiliates, subsidiaries, employees, customers, contractors, agents, directors, assigns, or providers.  You further acknowledge and agree that these terms are governed by the substantive laws of the state of Pennsylvania without respect to its conflict of law principles.  Specifically, you agree to adjudicate any dispute or claim arising out of or in connection with this agreement in Lackawanna County, Pennsylvania.

Severability. If any provision, condition, or statement in this terms of use agreement is found to be invalid by any court with competent jurisdiction, the invalidity of such provisions, conditions, or statements will not affect the validity of the remaining terms of use agreement which will remain in full force and effect.  Any waiver of any of these terms and conditions will not be deemed a further or continuing waiver of such terms or conditions or of any other terms or conditions.
Complete Agreement. Except as expressly provided in any notices, terms, or conditions appearing on the Nearbid.com Web site, these terms and conditions in this terms of use agreement constitute the entire agreement between you and Nearbid with respect to the use of Nearbid, Nearbid Services, and Nearbid Content and Objects.
Confidentiality. You agree to refrain from disclosing any Nearbid confidential information without Nearbid's prior written consent unless you are required to disclose it by law or order of a governmental authority.
Conduct. You agree never to post, display, submit, or otherwise create Content or Objects which:
a) is threatening, harassing, defamatory, libelous, harmful to minors in any way, or otherwise unlawful;

b) is pornographic or depicting a human being engaged in any form of sexual conduct or exposing any genitalia;
c) uses an automated device or computer program which interferes with competitors, spams, removes the listings of others without a good faith belief that those listings violate this terms of use agreement;
d) uses an automated device or computer program to submit the same job offerings or bids on a regular basis;
e) attempts to interfere with the Services of Nearbid or which otherwise attempt to gain unauthorized access to Nearbid Services;
f) posts irrelevant content or content which lacks substance or legitimacy;
g) uses automated methods or technologies to extract data about contractors, bidders, users, or Nearbid or Nearbid Services;
h) gathers personal data about users for any unlawful or unauthorized purpose;
i) stalks or harass anyone on Nearbid or using Nearbid Services;
j) communicates with anyone who has asked specifically not to be contacted;

k) forges your identity or use false e-mail addresses, names, or information to create false impressions, personalities, accounts, or images;
l) disrupts the normal flow of Nearbid Services in any way;
m) posts Objects or Content which contain viruses or programs which can harm, infiltrate, hack, destroy, limit, or delete a user's account, computer, or functionality;
n) advertises an illegal service or service specifically prohibited by Nearbid;
o) lists anything which constitutes a chain letter, pyramid scheme, unsolicited commercial advertisement, or affiliate marketing scheme;
p) infringes on any copyright, trademark, trade secret, patent, or intellectual property rights of another;
q) is deceptive, deceitful, misleading, or dishonest;
r) impersonates another or falsely or deceptively misrepresents your authority or affiliation with another;
s) violates any immigration or nationality law or any federal, state, or local equal opportunity law, including stating employment preferences or requirements which are illegally based upon race, color, sex, national origin, age, disability, or religion;

t) violates the Fair Housing Act in any way;
u) which deceptively or deliberately misrepresents the nature, quantity, or quality of work to be completed as part of a project or job; or
v) which deceptively or deliberately misrepresents the nature, quantity, or quality of work to be rendered as part of a bid.
Spam Policy. If you abuse your rights to use Nearbid or Nearbid Services or if you send unsolicited e-mail advertisements to Nearbid e-mail addresses or through Nearbid computer systems, actions specifically and expressly prohibited by these terms of use, you may face criminal and civil penalties under the Computer Fraud and Abuse Act 18 U.S.C. ? 1030 or other local, state, or federal statutes.
Paid Postings and Fees. Nearbid reserves the right to charge a fee to bid on a job, post a new job, sign up for a new account, advertise, or conduct other specific actions through Nearbid Services.  The fee charged is an access fee which allows Content to be displayed in specific locations.  Every party posting Content or Objectives to Nearbid Services is responsible for such Content or Objects and its compliance with local, state, and federal laws and with this terms of use agreement.  All fees paid to Nearbid are non-refundable if Content is removed from Nearbid Services for violating this terms of use agreement.
Service Limitations. You accept that Nearbid has the right to establish limitations on the use, accessibility, and frequency of access to Content, Objects, or Services by you or anyone else and by any means including via our Web site, e-mail, or other transmission method.  You accept that Nearbid will have no responsibility or liability for data loss, deletion, or failure to store or maintain an archive of any Content, Objects, or information.  Nearbid further reserves the right to discontinue, modify, or change Services without the need for providing notice.  Nearbid will not be responsible or liable to you or to any third parties if Nearbid should elect to modify, suspend, discontinue, or change Services in any way.

Revocable, Nonexclusive Access Rights. Nearbid grants you a revocable, non-exclusive, limited license to access and use Nearbid Services for your own personal and business use.  This license specifically excludes your use of robots, computers, or automated devices of any kind or your use of data mining techniques.  You are allowed to post links to Nearbid but only if such links are posted for a legitimate purpose; Nearbid reserves the right to ask you to cease from posting such links at any time.  You also do not have permission to copy, duplicate, aggregate, or make any derivative use of Nearbid Services unlesss you have obtained a license from Nearbid to do so.  Nearbid retains a right to seek the remedies of specific performance of any of the terms of use listed in this terms of use agreement notwithstanding any other provision or condition of this agreement and further retains the right to seek a preliminary or permanent injunction against any breach or violation or in aid of any other right granted by these terms of use.
Right to Terminate Your Service. Nearbid, at its sole and exclusive discretion, maintains the right but not the obligation to block or restrict your access to Nearbid at any time and without notice and ro delete or de-activate any accounts you may have through Nearbid.  Along with such rights, we reserve the right to delete any Content or Objects you have created for any reason, including but without limitation, if Nearbid, again in its sole discretion, thinks you are acting inconsistently with the spirit of this terms of use agreement.  You agree and understand that Nearbid will not be liable or responsible to you or any thid parties for any termination or disruption of your access.  You further agree not to attempt to use Nearbid Services after such termination takes effect.
Proprietary and Intellectual Property Rights. Nearbid and Nearbid Services are protected to the maximum extent allowed under copyright laws and international treaties, and any and all Content and Objects displayed, posted, or listed on or through Nearbid Services are also protected by copyright as collective works or compilations pursuant to applicable copyright laws and/or international conventions and treaties.  Any creation of derivative works, reproductions, modifications, or redistributions of Nearbid Services or Nearbid compilations or collective works is expressly prohibited unless you have explicit written consent from Nearbid.  You agree not to reproduce, copy, duplicate, sell, resell, exploit or infringe upon the rights of Nearbid or Nearbid Content, Objects, or Services, for any purpose, and agree to comply with and abide by all copyright, trademark, and patent notices displayed on Nearbid and Nearbid Services.  You are expressly prohibited from decompiling, disassembling, reverse engineering, or otherwise attempting to deconstruct Nearbid Services or attempting to discover the source code for such Services.  Nearbid is a registered mark in the U.S. Patent and Trademark Office and reserves all rights to any trademarks, copyrights, or patents it maintains.
Non-exclusive License Granted to Nearbid. Nearbid does not claim the ownership of content that users post or display on our systems, but by posting Objects or Content to any public area of Nearbid Services, you automatically grant Nearbid an irrevocable, non-exclusive, fully paid, perpetual, worldwide license to copy, create derivate works from, incorporate into other works, duplicate, display, use, perform, distribute, or post such Content or Objects and warrant and represent that you have a right to grant such a license.  You understand, accept, and grant Nearbid the right to also create sub-licenses through any number of tiers and to protect and prohibit others from creating any subsequent reproductions, exploitations, copies, displays, or aggregrations of any Content, Objects, or information by any party and for any purpose.
Disclaimer of Warranties. Nearbid provides no warranties, express or implied, including but not limited to their relation to advertisements, links, search results, referrals, statements, comments, ratings, reviews, postings, listings, or any of the information or Content on Nearbid Services.  Nearbid specifically and expressly disclaims any warranties or conditions of fitness, merchantability, non-infringement, accuracy, or credibility, for any particular purpose, and Nearbid will not maintain any liability of any kind in connection with any of the Content or Objects on Nearbid Services or for any other Nearbid information.

Limitations of Liability. Nearbid will not be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages, under any circumstances, and for no reason, including if Nearbid has been advised of the possibility of such damages which relate to or result from any aspect of your use of the Nearbid Web site or Nearbid Services or any association with the same and will not liable or responsible under any circumstances whether you misused or properly used the Nearbid Services or whether any alleged losses or liability arose from your inability to use Nearbid Services due to their suspension, modification, termination, cessation, alteration, or interruption.  All such limitations of liabilites will apply with equal language and restriction to any alleged losses, costs, or liabilities which arise from your use of contractors, services, offers, advertisements, third party offerings, information, advice, guidance, instructions, or tips received through, arising out of, or connected with the Nearbid Web site or Nearbid Services.  The liability limitations to Nearbid discussed in this terms of use agreement will apply to the fullest extent the law allows.  In those jurisdictions which do not allow limitations of liability, some parts of the foregoing limitation may not apply to you.  In such cases 
Indemnity. You agree to defend, indemnify, and hold harmless, separately and together, Nearbid, its officers, directors, employees, agents, licensors, suppliers, subsidiaries, affiliates, co-branders, partners, and assigns from and against any and all claims, actions, liabilities, settlements, and demands, including but not limited to attorney's fees and accounting fees, resulting from, arising out of, alleged to result from, or otherwise associated in any way with your use of Nearbid or Nearbid Services or in connection with your use of this Web site or your violation of these terms and conditions and arising from your violation of any rights of third parties.
Violations and Liquidated Damages. Please report violations to abuse@nearbid.com.  You agree and understand that Nearbid's failure to act or respond to a breach of these terms of use by you or by anyone else does not waive our right to act at a subsequent date.  You accept that, since it is difficult to substantiate or quantify certain damages or losses, if Nearbid pursues a legal action against you to enforce these terms of use or any other terms and conditions posted on our Web site or on any Nearbid Services, you will be liable for certain amounts called liquidated damages which you hereby accept as reasonable approximations of Nearbid's losses owing to any breach by you of these terms:
a) If you impersonate another person or entity or falsely or deceptively misrepresent your association or affiliation with another person or entity, you agree to pay Nearbid the sum of five hundred dollars ($500) for each such act of impersonation.  This provision specifically excludes parodies and critiques of public figures made in jest or in a non-deceptive way;
b) If you illegally copy, duplicate, replicate, aggregate, reproduce, or exploit, for any reason, the Content or Objects of Nearbid in violation of these terms of use or otherwise in violation of any written permission you may have from Nearbid, you agree to pay Nearbid one thousand dollars ($1,000) for each day on which you do so;
c) If you post Objects that are illegal, unlawful, deceptive, or in any way in violation of these terms of use, you agree to pay one hundred dollars ($100) for each such Object of Content which is in violation;
d) If you have limits imposed upon you by Nearbid on the number or frequency of postings or accesses you may make of Nearbid or Nearbid Services by these terms of use or otherwise by written notice, you agree to pay one hundred dollars ($100) for each such access above and beyond such limits;
e) If you send SPAM or unsolicited e-mails through, using, or as a result of Nearbid or Nearbid Services, you agree to pay Nearbid twenty dollars ($20) for each such violative e-mail or distribution sent to individual users, persons, or entities;
f) If you go outside of Nearbid and fail to pay Nearbid or otherwise cause Nearbid to lose out upon the commission it should have received for providing you with business as a contractor, vendor, seller, or supplier of services, you agree to pay Nearbid the greater of two thousand dollars ($2,000) or thirty percent (30.00%) of the total value of work you failed to process through Nearbid Services, and you understand this charge of liquidated damages is separate from any charges or penalties we may simultaneously pursue against the other party or parties to the transaction;
g) If you go outside of Nearbid and fail to pay Nearbid or otherwise cause Nearbid to lose out upon the commission it should have received for providing you with a contractor, vendor, seller, or supplier of services or otherwise if you knowingly work with a contractor or seller to effect such outside dealings, you agree to pay Nearbid the greater of two thousand dollars ($2,000) or thirty percent (30.00%) of the total value of the work you failed to process through Nearbid Services, and you understand this charge of liquidated damages is separate from any charges or penalties we may simultaneously pursue against the other party or parties to the transaction;
h) If you facilitate, act as an agent for, or are otherwise involved in any act or conspiracy or collection of acts which cause buyers or sellers to go outside of Nearbid or which cause Nearbid to lose out upon the commission it should have received for providing Services or connections or value, you agree to pay Nearbid the greater of two thousand dollars ($2,000) or thirty percent (30.00%) of the total value of work you failed to process through Nearbid Services, and you understand this charge of liquidated damages is separate from any charges or penalties we may simultaneously pursue against the other party or parties to the transaction; and
i) In the alternative to the foregoing, if actual damages are determined to be higher than those listed as required minimum liquidated damages, you agree to pay Nearbid its actual damages or losses to the extent they are able to be calculated.
Ratings and Reviews are Not Endorsed by Nearbid. Any ratings, reviews, or comments found on the Services reflect the opinions of other users and third parties and do not reflect or represent the opinions or representations of Nearbid.  Nearbid specifically disclaims any and all representations, warranties, and assurances associated with ratings, reviews, and comments.  Nearbid assumes no liability of any kind for any such ratings, reviews, or comments nor for any claims, damages, or losses arising out of their use or a reliance, of any kind, upon them.

You are Responsible for Your Own Taxes and Withholdings. You are solely and exclusively responsible for tracking, managing, reporting, and/or calculating your earnings on or through Nearbid, its agents, its users, its suppliers, its workers, and/or any other third party, direct or indirect.  We do not issue 1099 filings to you at the conclusion of each year.  We are not directly hiring you nor acting as a proxy in the hiring process; instead, we are simply providing a platform whereby you can work together with others.  Taxes, including, without limitation, sales, income, state, federal, employment, workers compensation, and unemployment, are therefore entirely your job to handle.

Nearbid Does Not in Any Way Guarantee, Warranty, or Endorse Work Done, Purchased, or Sold. All work done through or on Nearbid or in any way connected with Nearbid and all work hired, purchased, secured, obtained, sold, or in any way connected with Nearbid is not, in any way, guaranteed, warrantied, endorsed, or protected.  In other words, everything you do on Nearbid is entirely at your own risk, and by using Nearbid, you automatically waive any right to subsequently blame Nearbid for any losses, costs, damages, expenses, or suffering you experience arising out of your use of Nearbid.
Contact Us with Questions. You are invited to contact us with questions, comments, or feedback, but no such contact will result in a waiver or modification of these terms.  You should review our contact us Web page for information on how to reach us most efficiently.
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