Biddingbar.com - Terms of Use

Effective: September 1, 2009

The current page of the Biddingbar.com website or any related website (the “Site”) belongs to Biddingbar.com or one of its subsidiaries (“Biddingbar”). This website and any of the services provided by Biddingbar in connection with this website (the “Services”) are being provided to you expressly subject to these terms of use. By accessing or using this website you agree to be bound by these terms of use. Please read these terms of use carefully.

WARRANTY DISCLAIMER

THE SERVICES ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

YOU ACKNOWLEDGE THAT NEITHER BIDDINGBAR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. BIDDINGBAR DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT BIDDINGBAR IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BIDDINGBAR WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.

MODIFICATION

Biddingbar reserves the right to modify these terms of use at any time without notice, but the most current version of the terms of use will always be available to you on the Site. If you find the terms of use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these terms of use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of the terms of use.

Biddingbar reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. These terms of use constitute a contract between you and Biddingbar governed by the laws of the State of California, with the exception of its conflicts of laws provisions.

COPYRIGHTS/TRADEMARKS/RESTRICTIONS ON USE

All of the pages and screens on the Site are owned and controlled by Biddingbar, except as other wise stated, and are protected by U.S. Copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without Biddingbar's prior written consent. The Biddingbar logo is a trademark owned by Biddingbar. Other featured words used on the Site to identify the source of goods and services are trademarks and service marks owned by Biddingbar or owned by third parties. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site except as authorized in this paragraph. You may not use any of the Biddingbar trademarks as a link to the site except pursuant to a written trademark license agreement. Further, you may not post any content from Biddingbar.com to news groups, mail lists or electronic bulletin boards, without the prior consent of Biddingbar. You shall not copy or adapt the HTML that is utilized to generate Biddingbar’s site. It is also protected by copyright.

The Site may contain links to websites controlled or offered by third parties (non-affiliates of Biddingbar). Biddingbar hereby disclaims liability for any other company's website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of Biddingbar. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you the linked site provider.

LIMITATION OF LIABILITY

THE AGGREGATE LIABILITY OF BIDDINGBAR TO YOU, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Biddingbar, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these terms of use or misuse of the Services or this Site, including such violation or misuses conducted by your employee or agent, if applicable.

SECURITY RULES

The users of this Site are prohibited from violating or attempted to violate the security of this Site. Including, but not limited to accessing data not intended for such user or logging into a server or account which such user is not authorized to access. Further, Biddingbar expressly prohibits the use of robots, spiders or any other automatic device to copy, transmit or use in any form the content of the Site. Including: posted jobs, job seeker profiles, or any other pages or content on the Biddingbar Site or any of its affiliate websites. Attempting to interfere with service by any user, host or network, including without limitation, via means of submitting a virus to the website, overloading, flooding, mail bombing, spamming, or crashing, or sending unsolicited e-mail, including promotion and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting. Biddingbar will investigate occurrences, which may involve security violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Violations of system or network security will result in civil or criminal liability. Any person or entity found engaged in the stated prohibited practices will be prosecuted to the full extent of the law for civil or criminal charges.

USER SUBMISSIONS

By using this Site you are accepting responsibility for your actions and communications and the consequences of your postings. At no time shall any users post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to make such use of the material. Further, users shall not post any material that is defamatory, obscene, threatening, harassing, or embarrassing to another user or another person or entity associated with this site. Users shall not post any pornographic or sexually-explicit material; post advertisements or solicitations of business, impersonate another person, post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of another or on the privacy or publicity rights of others. Biddingbar does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications, which allegedly do not conform to the terms and conditions of this agreement, Biddingbar may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the material. Biddingbar has no liability or responsibility to users for performance or non-performance of such activities. Biddingbar reserves the right to prevent users from further using its Services or accessing this Site for violations of these terms of use or the law.

ELIGIBILITY

You must be 18 years of age or older to use or visit Biddingbar.com or any of its affiliated websites in any manner. By using or visiting this Site or accepting these terms of use, you represent and warrant to Biddingbar and its affiliates that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these terms of use.

REGISTRATION INFORMATION

In registering for services offered through this Site, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by Biddingbar to use this Site or the Services offered through it. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your Site registrations and passwords, whether or not authorized by you. You agree to immediately notify Biddingbar of any unauthorized use of registration information.

INTERNAL REVENUE SERVICE INFORMATION

BiddingBar.com is not an organization of members who provide property or services and who jointly contract to trade or barter such property or services. Biddingbar.com provides its users the option to barter on their own with other users. Biddingbar.com is an arrangement providing for the informal exchange of similar services on a noncommercial basis. Biddingbar.com does not charge a fee for the informal exchange of similar services between users. Biddingbar.com does not have an agreement or process in place to value goods and services exchanged between users. Biddingbar.com also does not facilitate any barter exchanges which may occur between its users. Therefore, BiddingBar.com is not a "Barter Exchange." [IRC s 6045(c)(3).]

In the United States, an exchange of services and/or good is a considered taxable icome. According to the IRS: "The fair market value of goods and services exchanged must be included in the income of both parties." The taxpayer receiving the goods and/or services service is expected to report its value on Form 1099-B and/or Schedule C. Biddingbar.com does not provide a information returns to the Internal Revenue Service (IRS) (Form 1099-B). Biddingbar is not in possession of the name, address, and taxpayer identification number of each member or client providing property or services in the exchange, the property or services provided, the amount received by the member or client for such property or services, the date on which the exchange occurred, nor any other information which may be required by Form 1099.[Reg § 1.6045-1(f)(2)(I).] Biddingbar.com does not assume any responsibility relating to taxes owed on any barter exchange(s) made related to this site.

EMPLOYMENT

You understand and agree that Biddingbar: (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.

You agree that there is no employment, partnership, agency, or joint venture relationship between you and Biddingbar arising out of or resulting from your Use of the Site. As such, you have knowledge and consent that Biddingbar does not participate in any federal or individual state unemployment insurance programs which provide unemployment benefits to eligible workers who are unemployed through no fault of their own (as determined under State law), and meet other eligibility requirements of State law. Biddingbar does not provide information about unemployment insurance programs prospective potential employers should contact an attorney if necessary. Additionally, you have knowledge and consent that Biddingbar does not participate in any federal or individual state workers' compensation insurance. No employment, partnership, agency, or joint venture relationship between you and Biddingbar arising out of or resulting from your use of the Site. Therefore, does not pay for workers' compensation benefits, including medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits or vocational rehabilitation and death benefits regarding the relationship between you and Biddingbar arising out of or resulting from your use of the Site.

ARBITRATION OF DISPUTES

In the event of any dispute between the parties which arises relating to the use of the Site or relating to these terms of use, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Uniform Arbitration Act, incorporated by reference. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The hearing shall be conducted in the City of Los Angeles, California, unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all Parties.

The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. Any questions involving contract interpretation shall use the laws of California. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.

GENERAL

This Site is operated and controlled by Biddingbar.com. Its principle place of business is within the State of California, USA. Biddingbar makes no claims that any of its material or services may be lawfully viewed or utilized outside of the United States. If you access this website from outside the United States, you do so at your own risk and accept responsibility for compliance with the laws of your jurisdiction. These terms of use and any additional legal notices are governed by the substantive law of the State of California. Any users of this Site agree that jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of California. If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "legal notice", or software license or material on particular web pages, this agreement constitutes the entire contract between you and Biddingbar with respect to the use of this Site and any services offered through it.

THE COMPANY’S LIABILITY

Biddingbar and any others involved with operating this Site receive information from various sources and do not screen or censor any of the content displayed on this Site. Including, but not limited to listings of job opportunities, candidate resumes or other information displayed on this website. Further, there are potential hazards of electronic distribution, and there may be delays, omissions, inaccuracies or typographical errors in the content of this Site. Accordingly, Biddingbar has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of specific employers to make job offers to candidates or the ability of candidates to fill job openings. Further, there are potential risks, including but not limited to the risk of physical harm when dealing with people acting under false pretenses, strangers, foreign nationals or underage persons. Biddingbar makes no representations about the accuracy, reliability, completeness, or timeliness of this Site or material it contains. You assume all risks in dealing with other users with whom you come into contact with through this Site.

Biddingbar is under no legal obligation to control the information provided by other users which is made available through this Site. There is potential that other people’s information may be offensive, harmful, inaccurate or deceptive. You are expected to use caution and common sense when using this website. The use of this website and the material is at your own risk. Changes are periodically made to the Site and may be made from time to time without notice.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or other material placed by you on the Site. Employers are solely responsible for their postings on the Site.

Biddingbar does not endorse any job, candidate, employer or third party on this website. Biddingbar is not to be considered to be an employer with respect to your use of the Site. Biddingbar does not guarantee that job candidates will be contacted or hired by any of the employers whose job postings appear on this Site. Biddingbar shall not be responsible for any employment decisions, whatsoever, made by any entity posting jobs on the Site. Further, Biddingbar does not take responsibility for any job that candidates may secure as a result of using this Site. Biddingbar does not make any representations or warranties of any kind with respect to any job candidates, employers, or third parties whether in regards to its website, hiring, employment recruiting practices, products, or services.

Update effective: September 1, 2009