BID ON MY JOB, LLC TERMS OF USE AGREEMENT
  1. Agreement. Welcome to BID ON MY JOB, a website operated by BID ON MY JOB, LLC, an Iowa limited liability company (the “Website”). The following terms and conditions (“Agreement”) govern any and all use of the Website and all content, services and products available at or through the Website. By accessing, viewing, and using this Website, whether as a Visitor, Bidder or Principal (each of which is defined below and together are referred to as “You” or Your”), You agree to be bound by this Agreement and do hereby enter into the Agreement with BID ON MY JOB, LLC of Your own free will, represent that you are of competent age and mental state, and are otherwise fully capable and qualified to be bound by this Agreement. This Agreement is subject, without notice, to change and modification from time to time. Your agreement to be bound shall extend to the terms set forth herein as they now exist or as they are modified and/or changed. The Website is owned and operated by BID ON MY JOB, LLC (“We” or “Us”). The Website is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Our Privacy Policy) and additional policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”).

    IF YOU DO NOT AGREE TO BE BOUND THEN YOU ARE REQUIRED TO CEASE ALL USE OF THE WEBSITE AND ITS CONTENT.

  2. Website License. We grant to You, and You do hereby accept, a limited, nontransferable, revocable license to access this Website and use the Service in accordance with the terms of use set forth in this Agreement. You agree not to modify, alter, adjust, change, or amend the Website in any way. Upon registering with the Website, you will be assigned a User Account. Through this User Account, You will be able to either post a request for services that others may bid on (“a “Job”) (i.e. You may be a “Principal”), or you may place bids on Jobs that You would be willing to service (i.e. You may be a “Bidder”). You acknowledge that We have the right under the provisions of this Agreement, and at Our sole and absolute discretion, to terminate Your User Account, limit the number of transmissions You may send or receive through the Wesbite, or limit the amount of storage space, bandwidth, or other resources You may use. If You create a User Account on the Website, You are responsible for maintaining the security of Your User Account, and You are fully responsible for all activities that occur under that User Account. You must immediately notify Us of any unauthorized uses of your User Account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  3. Limitations.

    This license does not include:

    • the right to any downloading or copying of information for the benefit of another merchant;
    • the right to use data mining, robots, spider, offline readers, or similar data gathering and extraction tools;
    • the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the site or any portion of this site for any commercial purpose except as set forth herein;
    • the right to frame or utilize framing techniques to enclose any non-owned copyrighted material, trademark, logo, or other proprietary information (including images, text, page layout, or form) of BID ON MY JOB or any other rights holder; or
    • the right to use any meta tags or any other "hidden text" utilizing the name or trademarks of any third party rights holder without their express written consent.
    • the right to use the website for unauthorized or unsolicited junk, bulk email, or spamming.
    • the right to reverse engineer or otherwise decipher, decompile or derive any source code or underlying algorithms or ideas of any part of the website.
    • the right to engage in any of the activities prohibited in Section 4.
    Engaging in any unauthorized use terminates the permission or license granted herein.
  4. Prohibited Uses and Activities. We allow Users to post content, reviews, and other material to the Website during the use of the License (“Post” or “Posting”). In this process, We consider certain User activity to be strictly prohibited. You agree to obey all applicable rules and regulations in using the Website, and agree that You are responsible for the contents of your submissions or communications through the Website. You further agree not to use the Website in any manner that would violate any other Federal, State or local law. Without limiting the foregoing, We expressly consider the following constitute prohibited uses of the Website:

    • Slander, Libel, Tortuous Interference with a Business: Using the Website to Post any material that slanders or otherwise disparages any other person or business.
    • Copyright, Patent or Trademark Infringement: Using the Website to Post any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any rights holder without their express authorization, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of digital or other photographs from magazines, books, or other copyrighted sources, the digitization and distribution of any other form of copyrighted image or trademark, and the unauthorized transmittal of any other form of intellectual property. All content, compilation of content, and software included or used on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is Our property or the property of Our content suppliers and is protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on this site, without Our express written permission.This Agreement does not transfer to You any intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Us or the content supplier. Any trademarks, service marks, graphics and logos used in connection with the Website may be Our trademarks or the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any such trademarks, copyrights or patents.
    • Violation of the Digital Millennium Copyright Act (DMCA): Using the Website to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections.
    • Unlawful Use: Using the Website in any manner that violates local, state or federal law, including without limitation using the Website to transmit any material whose transmission is unlawful under any local, state or federal law applicable to such transmission.
    • Harm to Minors: Using the Website to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.
    • Threats: Using the Website to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.
    • Harassment and Cyberbullying: Using the Website to transmit any material (by e-mail or otherwise) that harasses another under any Federal, State or local law.
    • Fraudulent Activity: Using the Website to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes", unregistered sales of securities, securities fraud and "chain letters."
    • Forgery or Impersonation: Using the Website to deceive or mislead through the addition, removal or modification of identifying network, message or article header information or otherwise.
    • Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using the Website in any way to transmit or to facilitate the transmission of any unsolicited commercial e-mail or unsolicited bulk e-mail.
    • Collection of Personal Data: Using the Website to collect, or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable state or federal law.

  5. Reporting Copyright Violations. If You are believe that a Uuer of the Website has violated or is violating Your copyright rights due to that user’s illegal, unlawful, or otherwise improper conduct, You (the copyright owner) or Your agent may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(3) ("DMCA") by providing our Copyright Agent (identified below) with the following information in writing:

    • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Bidder to locate the material;
    • information reasonably sufficient to permit the user to contact You, such as an address, telephone number, and, if available, an electronic mail;
    • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    You acknowledge that if You fail to comply with all of these requirements, Your DMCA notice may not be valid. Our designated Agent to receive notifications of claimed infringement is:

    Matthew Warner-Blankenship
    Attorney and Designated Agent for BID ON MY JOB, LLC
    Davis Brown Law Firm
    215 10th Street, Ste. 1300
    Des Moines, Iowa 50309
    Telephone: 515-288-2500
    Facsimile: 515-243-0654
    Email: mwb@davisbrownlaw.com

    Failure to comply with all of the requirements of the foregoing, may result in the waiver or invalidity of the DMCA. You may be liable for damages, including court costs and attorneys fees if you materially misrepresent that content on the Website constitutes copyright infringement.

    We will advise the alleged infringer of the DMCA statutory counter-notification procedure as described in the DMCA, at which time the alleged infringer may respond to your claim and ask that the content at issue be restored. Upon receiving your notification of alleged copyright infringement, as set forth above, We will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. In accordance with the DMCA, We have implemented a policy to terminate, when appropriate, access to the Website of any repeat infringer. As stated above, We may terminate the access of any user at any time for any or no reason.

  6. Personal Information. You hereby agree and acknowledge that We may utilize electronic means of information capture and usage such as cookies, domain name and host capture, browser software capture, IP address capture, and the like. We reserve the right to collect and use such information in accordance with generally accepted industry practices. If You actively submit personal information to Us, We will use commercially reasonable efforts to safeguard and protect such information and to use such information only for the intended purposes.

  7. Disclaimer of Website Warranties and Waivers.

    THIS WEBSITE IS PROVIDED “AS IS.” WE MAKE NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS, CONTENT, SOFTWARE, INFORMATION, OR SERVICES PROVIDED HEREIN, ALL SUCH EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. WE DO NOT WARRANT THAT THE WEBSITE IS FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELECTRONIC OBJECTS AND COMPONENTS. YOU UNDERSTAND THAT WHEN USING THE WEBSITE, YOU WILL BE EXPOSED TO MATERIAL THAT MAY BE OR IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE TO YOU. WE ARE NOT RESPONSIBLE FOR THE FOREGOING AS WELL AS ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO USER SUBMISSIONS. WITHOUT LIMITING THE FOREGOING, WE NOTE THE FOLLOWING:

    • WE DO NOT INVESTIGATE, EXAMINE OR OTHERWISE REVIEW THE WEBSITE’S USERS (WHETHER A PRINCIPAL OR A BIDDER) IN ANY MANNER. WITHOUT LIMITING THE FOREGOING: WE DO NOT ENGAGE IN ANY CRIMINAL BACKGROUND CHECKS; WE DO NOT DETERMINE WHETHER A USER IS LICENSED; OR OTHERWISE HAS THE POWER AND AUTHORITY TO PERFORM ANY PARTICULAR JOB OR ACT; WE DO NOT CHECK THEIR FITNESS FOR ANY PARTICULAR JOB; AND WE DO NOT CHECK REFERENCES OR THE VERACITY OF ANY STATEMENT MADE ON THE WEBSITE OR OTHERWISE.
    • WE MAKE NO REPRESENTATIONS REGARDING ANY BIDDER, THEIR WORK, THEIR BACKGROUND OR EXPERIENCE, THEIR LICENSE STATUS; THEIR FITNESS FOR ANY PARTICULAR JOB, OR ANY STATEMENT MADE ON THE WEBSITE OR OTHERWISE. THE BIDDERS LISTED ON THE WEBSITE, OR THAT OTHERWISE OFFER, PROVIDE, OR ADVERTISE THEIR SERVICES THROUGH THE WEBSITE, ARE NOT OUR EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURERS, OR AFFILIATES. WE DO NOT CONTROL THEIR REPRESENTATIONS, SERVICES, ACTIONS, OR PERFORMANCE. WE DO NOT RECOMMEND ANY BIDDER. ANY GUARANTEES, WARRANTIES AND REPRESENTATIONS MADE BY ANY BIDDERS DO NOT CONSTITUTE THE GUARANTEES, WARRANTIES, OR REPRESENTATIONS OF US AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION PROVIDED BY ANY BIDDER. WE DO NOT GUARANTEE, WARRANT, ENDORSE, DEFEND, INVESTIGATE, OR SUPERVISE THE PERFORMANCE, REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY BIDDER, NOR DO WE GUARANTEE, WARRANT OR REPRESENT THAT THE BIDDER WILL NOT SUBCONTRACT PORTIONS OF THE CONTRACT.
    • WE MAKE NO REPRESENTATIONS REGARDING ANY PRINCIPAL, THEIR BACKGROUND; THEIR FINANCIAL CAPACITY; THEIR AUTHORITY TO CONTRACT WITH ANY BIDDER OR TO PERFORM ANY SUCH CONTRACT; OR ANY STATEMENT MADE ON THE WEBSITE OR OTHERWISE. WE DO NOT CONTROL THEIR REPRESENTATIONS, SERVICES, ACTIONS, OR PERFORMANCE. ANY GUARANTEES, WARRANTIES AND REPRESENTATIONS MADE BY ANY BIDDERS DO NOT CONSTITUTE THE GUARANTEES, WARRANTIES, OR REPRESENTATIONS OF US AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION PROVIDED BY ANY PRINCIPAL. WE DO NOT GUARANTEE, WARRANT, ENDORSE, DEFEND, INVESTIGATE, OR SUPERVISE THE PERFORMANCE, REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY PRINCIPAL. YOU UNDERSTAND AND AGREE: THAT IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT SUCH INVESTIGATION, EXAMINATION AND REVIEW OF ANY PRINCIPAL OR BIDDER THAT YOU ARE CONSIDERING WORKING WITH; THAT IT IS YOUR JOB TO ESTABLISH THE TERMS OF ANY WORKING RELATIONSHIP BETWEEN YOU AND ANY OTHER PRINCIPAL OR BIDDER. IF YOU ENTER INTO A CONTRACT WITH A BIDDER OR PRINCIPAL, YOUR RIGHTS ARE GOVERNED BY THE CONTRACT AND BY ANY APPLICABLE STATE AND FEDERAL LAW. IF A BIDDER OR PRINCIPAL ENTERS INTO A CONTRACT WITH YOU OR WITH ANY OTHER USER OF THIS WEBSITE, ITS RIGHTS ARE GOVERNED BY THE CONTRACT AND BY ANY APPLICABLE STATE AND FEDERAL LAW. IN EITHER CASE, WE ARE NOT A PROPER PARTY TO ANY DISPUTE THAT MAY ARISE BETWEEN BIDDERS, PRINCIPALS AND OTHER WEBSITE USERS. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES. AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU HEREBY AGREE TO WAIVE ANY AND ALL LEGAL OR EQUITABLE RIGHTS OR REMEDIES THAT YOU MAY HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO.

  8. Indemnification.

    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND EACH OF OUR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS AT ALL TIMES AGAINST:  ANY LIABILITY, LOSS, DAMAGES (INCLUDING PUNITIVE DAMAGES), CLAIM, SETTLEMENT, PAYMENT, COST, EXPENSE, INTEREST, AWARD, JUDGMENT, DIMINUTION OF VALUE, FINE, FEE, PENALTY, OR OTHER CHARGE ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE WEBSITE OR ANY TRANSACTION FACILITATED THEREBY.

    • ANY COURT FILING FEE, COURT COST, ARBITRATION FEE OR COST, WITNESS FEE, AND EACH OTHER COST AND EXPENSE OF INVESTIGATING AND DEFENDING OR ASSERTING ANY CLAIM FOR INDEMNIFICATION UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND OTHER PROFESSIONAL COSTS.

  9. Applicable Law. By visiting this site, You agree that any disputes concerning or involving this Agreement, or the use of the Website, shall be governed in accordance with the laws of the State of Iowa. You hereby consent to the personal jurisdiction of the courts of the State of Iowa for resolution of all disputes concerning or involving this Agreement, or Your use of the Website.
  10. AMENDMENT. WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME, BY POSTING ON THE WEBSITE SAID AMENDED AGREEMENT, YOUR USE AND CONTINUED USE OF THE WEBSITE IS DEEMED AN AGREEMENT TO BE BOUND BY ANY SUCH AMENDMENTS. 11. Limitations on Actions. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION AND SUCH ACTION IS FOREVER BARRED AND DISCHARGED.

  11. Transferability. Your agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without Our express written permission, which may be denied for any or no reason. We may assign its rights under this Agreement without Your consent and without notice to You
  12. Links and Third Party Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website, and that have been posted to other services through the Website. We do not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, We do not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  13. Privacy Policy. You agree to be bound by the Privacy Policy found at https://bidonmyjob.com/legal/privacy which is incorporated into this Agreement by reference as if fully set forth herein.
  14. Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in this Agreement, and to abide by and comply with this Agreement. In any case, You affirm that you are over the age of 13, as the Website is not intended for children under 13. If You are under 13 years of age, You may not use the Website.
  15. Responsibility of Website Visitors. We not reviewed, and cannot review, all of the material, including links to computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, We do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  16. Termination. We may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or You User Account, You may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  17. General Representation and Warranty. You represent and warrant that (i) Your use of the Website will be in strict accordance with Our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Iowa regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Miscellaneous. This Agreement constitutes the entire agreement between Us and You concerning the subject matter hereof, and there may only be modified by a written amendment signed by an authorized executive of Us, or by the posting by Us of a revised version of this Agreement on the Website. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.