PRODUCT AND SERVICE TERMS & CONDITIONS
Agreement with Blind Bid
(V1.2 - Effective April 21, 2011)
The "Site" refers to all of the website at www.blindbid.com and any of its subdomains.
By i) purchasing any products or services from Blind Bid, Inc. ("BBI") to which BBI indicates these apply, ii) by your actual signature, or iii) by your electronic signature of agreement to these Product and Service Terms and Conditions in conjunction with a purchase or subscription, you (either "you" or the "Customer") are deemed to have agreed to these Product and Service Terms and Conditions and have entered into a binding agreement with BBI.
With regard to a particular product or services purchased, subscribed to, or utilized from BBI, the version of these Product and Service Terms and Conditions that were posted at the time of purchase, subscription or utilization apply to those particular products or services. If you renew or extend any subscription or service purchase from BBI, the version of the Product and Service Terms and Conditions at the time of renewal or extension apply.
Any attempt to alter, supplement, modify or amend these Product and Service Terms and Conditions by you will be considered a material alteration of this agreement and, therefore, are null and void.
1. Certain Key Definitions; Basic Description of Services offered by BBI through the Site:
The following services of BBI are governed by this Agreement:
These aforementioned functionalities of the Site are the "Bidding Functionality".
For clarity of doubt, neither a Bid Request, a Lead, a Bid or anything in else in this Agreement creates a binding agreement for Buyers or Vendors to enter into a transaction with each other in regard to any Bid Request. As such, BBI does not guarantee that any transactions will take place between any Vendors or Buyers. All parties to this Agreement specifically acknowledge and agree to the foregoing.
2. Terms Related Specifically to Buyers:
The terms in this Section 2 are specific to you when you are a Buyer.
A Buyer may, at the discretion of BBI, use the Bidding Functionality to make a Bid Request for a bona fide Lead. A Buyer may not make any other use of the Bidding Functionality. The Buyer acknowledges that Bid Request is intended to solicit Bids from Vendors.
Buyer agrees that all such Bid Requests will be made in good faith. In its activities related to the Site or in any conduct facilitated by BBI, Buyer shall comply with all applicable law and shall not violate the rights of any third party. BBI has the right to remove any Bid Request at any time for any reason (or purely at its discretion). Buyer agrees that any information it submits shall be accurate and shall not in any way be deceptive or misleading.
Buyer agrees that any information it received from or pertaining to a Bidder from BBI, the Site, or the Bidding Functionality, shall be used only to assess a possible transaction with the Bidder or to conclude such transaction, and will not be shared with any third party.
3. Terms Related Specifically to Vendors:
The terms in this Section 3 are specific to you when you are a Bidder.
3.1 - General:
A Bidder may, subject to i) the reasonable rules and regulations as may be promulgated by BBI from time to time and communicated to you either by email, on the Site, or in these Terms and Conditions ii) compliance with these Product and Service Terms and Conditions by you, and iii) the terms of your valid and unexpired subscription to a Bidder plan, use the Bidding Functionality to make a Bid in response to a Bid Request by a Bidder. A Bidder may not make any other use of the Bidding Functionality.
A Bidder agrees that all its responses to a Bid Request and communications with a Buyer shall be made in good faith. In its activities related to the Site or in any conduct facilitated by BBI, Bidder shall comply with all applicable law and shall not violate the rights of any third party. Bidder agrees that any information it submits shall be accurate and shall not in any way be deceptive or misleading. BBI has the right to remove any response of Bidder to a Bid Request at any time for any reason (or purely at its discretion).
Bidder agrees that any information it received from or pertaining to a Buyer from BBI, the Site, or the Bidding Functionality, shall be used only to assess a possible transaction with the Buyer or to conclude such transaction, and will not be shared with any third party.
3.2 - Plans and Related Terms:
In order to have an active (i.e. unexpired) vendor account, you must have a "Pay as You Go Account." Pay as You Go accounts includes fees for set up Contact Fees and Minimum fees. Bid Fees and Contact Fees will be accessed according to account usage (bids placed and contact fees accrued) on a weekly basis. If applicable, Monthly minimum fees are assessed at the end of the month.
When you purchase a Pay As You Go account, you agree to have your credit card charged for the set up fee and charges accrued through the use of the site, bid fees, contact fees, and monthly minimums. The Pay as You Go Plan is made under the terms and conditions of the applicable credit card processing company.
In the event you dispute any of the charges made by BBI, you must request a refund from your account dashboard at Blindbid.com and detail your claims to us. If after 14 days the matter is not resolved, only thereafter may you contact the applicable credit card processing company.
The currently available Contact fees can be downloaded from your account dashboard. When you register, you will also choose a "Business Description". You are limited to reviewing and responding to Bid Requests in the Business Description you chose when you purchased your Bidder Plan. Business Descriptions are at www.blindbid.com "Become a Vendor" Others may be added by BBI in is discretion.
When a Buyer submits a Bid Request, BBI hosts an auction, to which you can choose to participate. You will be charged the Bid Fee applicable to your Bidder Plan (a plan can be downloaded from your account dashboard) for each auction you chose to participate in.
The Vendors with the four lowest Bids, along with the Vendor with highest rating from other Buyers shall be collectively referred to as the "Auction Winning Bidders". The lowest Bidding Vendor (the "Winning Bidder") will be given the contact information for the Buyer and the ability to contact the Buyer. With regard to all of the Auction Winning Bidders, the Buyer will be given their contact information and access to review their submissions to the Buyer's auction.
The automated auction requires the vendor to fill out a bid template, which will be used to rank the bidders from high to lowest. The lowest two bidders will receive the merchant's contact information, and the merchant can choose from the 3 additional bidders in the auction. The vendor may change the rates and fees in his bid template as often as he likes. When modifications are made on the bid template, they will be reflected on future auctions.
At the end of each valid auction, the Buyer will receive an email from BBI with the name and contact information for the Vendor involved in the auction with the lowest Bid, i.e. the Winning Bidder. Winning Bidders will then charged the applicable Contact Fee as set forth in the Auction Fee Schedule. (A copy can be downloaded from your account dashboard.) BBI will also provide to the Buyer links to the three Vendors with next lowest Bids and the Vendor involved in the auction that has the highest rating based on previous Buyer feedback (Such Vendor may also be one of the Vendors with the four lowest Bids). If the Buyer clicks on such link of one of those Vendors, the applicable Vendor will be charged the applicable Contact Fee as set forth in the Auction Fee Schedule based on where the Vendor ranked in the auction or was the one with the highest rated feedback. Upon such click by the Buyer, the Buyer will have access to such Vendor's Bid information and contact information. The Buyer will also receive an email with such contact information.
If the Buyer's contact information for a particular auction is determined to be false, fees charged to the Vendors for their participation in such auction will be refunded to the Vendor's Account, provided that Vendor has contacted BBI within 10 days of the close of the auction to inform BBI that the information was false and BBI has reasonable determined that that the contract information was false. In order for such contact information to be determined to be false, both the indicated phone number would need to be wrong or disconnected and the provided email would have to be invalid. For clarity, since Verified Leads are verified as set forth Section 3.3 a) below, and Unqualified Leads do not result in a valid auction, this paragraph is only applicable to auctions for Qualified Leads.
If the Buyer's Bid Request is determined by BBI to have be made in bad faith by either being made by a provider of the goods or services requested from Vendors (i.e. the Buyer is a competitor of the Vendors) in the Bid Request or does not have any desire to receive the products or services requested in the Bid Request, then fees charged to Vendors for their participation in such auction will be refunded to Vendor's Account provided that Bidder has contacted BBI within 10 days of the close of the auction to inform BBI of such conditions.
For each full calendar month that an active Bidder Plan in which the fees due BBI from such Bidder do not exceed $25, Bidder shall be charged a Minimum Fee equal to the difference between $25 and the fees due BBI for the applicable month.
3.3 - Auction Procedures:
As with other aspect of these Product and Service Terms and Conditions, this Section 3.3 is subject to change by BBI.
a) - General:
BBI shall indicate the minimum qualifications for an auction to be declared valid. If an auction is invalid because the minimum qualifications have not been met, BBI in its discretion may restart the auction. Vendors will not be charged for any auction that is not valid.
BBI may qualify a Bid Request. A "Qualified Lead" is a Bid Request in which BBI has determined from review of the submission to BBI (but not by email or by phone) that the Buyer has provided the minimum information required for an auction to be held. An "Unqualified Lead" is a Bid Request in which BBI has determined from review of the submission to BBI that the Buyer has not provided the minimum information required for an auction to be held, in which case BBI may later make any contact information of that Buyer available to Vendors for a fee. A "Verified Lead" is a Bid Request in which BBI has contacted the Buyer by email or by phone and has determined that the Buyer has provided the minimum information required for an auction to be held.
b) - Special Terms for auctions for payroll services and merchant account services:
A "Credit Card Association" is defined as an association of card-issuing banks such as Visa, MasterCard, Discover, American Express, etc. that set transaction terms for merchants and card-issuing banks. A "Card-issuing Bank" is defined as the financial institution or other organization that issues a credit card to the cardholder, bills the consumer for repayment and bears the risk that the card is used fraudulently.
With regard to auctions for payroll services and merchant account services, companies that are Credit Card Associations, Card-Issuing Banks or provide payroll processing services shall be referred to as "Providers". Examples of this are Mastercard Worldwide, First Data Corporation, and Automatic Data Processing, Inc. Parties that resell the services of Providers are "Resellers".
BBI, at its discretion, may limit an auction such that there are no more than three Vendors that are Resellers for the same Provider. In order for BBI to declare an auction valid, the following minimum conditions must be met:
Although BBI will initially limit the number of Vendors in an auction to 10, BBI reserves the right to increase this limit for any auction at any time without notice. BBI reserves the right to change the aforementioned conditions in its discretion, and such will be applicable upon posting on the Site notice of such change. For clarity of doubt, such changes will be applicable to all Vendors and Buyers, and not just those entering into this Agreement after such change is posted.4. YOUR INDEMNIFICATIONS OF BBI
YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD BBI AND BBI'S PARENT, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND CUSTOMERS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES (COLLECTIVELY, "LOSSES"), INCURRED BY BBI AND THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM (A) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS BY YOU; (B) THE FAILURE OR ALLEGED FAILURE OF ANY OF A BIDDER'S PRODUCTS OR SERVICES TO COMPLY WITH THEIR SPECIFICATIONS OR WITH ANY EXPRESS OR IMPLIED WARRANTIES; (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE OR GOVERNMENTAL ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION OR FRAUD RESULTING FROM YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR ACTUAL OR ALLEGED PROPERTY DAMAGE ARISING FROM OR IN RELATION TO YOU; (G) ANY BREACH BY YOU AS A BIDDER, BUYER, OR OTHERWISE, OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER BIDDER OR BUYER, AND (H) ANY BREACH OR ALLEGED BREACH OF YOUR REPRESENTATIONS OR WARRANTIES OR ANY PROVISION OF THIS AGREEMENT BY YOU. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT BBI OR ITS RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS (AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS) MAY ASSERT.5. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS ON LIABILITY
NO REPRESENTATIONS OR WARRANTIES:
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BBI MAKES NO REPRESENTATIONS, EXPRESS WARRANTIES OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND/OR SERVICES OF BBI, THE FUNCTIONING OF THE SITE OR WITH REGARD TO NATURE, CHARACTER, QUALIFICATIONS OR OTHER QUALITIES OF BUYERS, VENDORS OR ANY OTHER THIRD PARTIES.
EACH BUYER ACKNOWLEDGES THAT BBI HAS NO OBLIGATION TO PROVIDE ANY PRODUCTS OR SERVICES TO BUYER. FURTHERMORE, EACH BUYER ACKNOWLEDGES THAT BBI IS NOT RESPONSIBLE FOR THE RESPONSES OF VENDORS (INCLUDING BUT NOT LIMITED TO THE DEGREE OF TRUTH, ACCURANCY OR COMPLETENESS), THE CONDUCT OF VENDORS, OR THE PRODUCTS AND/OR SERVICES OF VENDORS.
EACH BIDDER ACKNOWLEDGES THAT BBI IS NOT RESPONSIBLE FOR THE LISTINGS OF BUYERS (INCLUDING BUT NOT LIMITED TO THE DEGREE OF TRUTH, ACCURANCY OR COMPLETENESS), OR THE CONDUCT OF BUYERS.
LIMITATION OF LIABILITY:
BUYERS AGREE THAT TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, THAT BBI SHALL NOT BE LIABLE TO BUYER WITH REGARD TO THE FUNCTIONING (OR LACK OF FUNCTIONING) OF THE SITE, THE RESPONSES OF VENDORS, THE CONDUCT OF VENDORS, OR THE PRODUCTS AND/OR SERVICES OF VENDORS. BBI SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST ANY BUYER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BBI HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
VENDORS AGREE THAT TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, THAT BBI SHALL NOT BE LIABLE TO ANY BIDDER WITH REGARD TO THE FUNCTIONING (OR LACK OF FUNCTIONING) OF THE SITE OR THE CONDUCT OF BUYERS OR OTHER VENDORS. BBI SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST ANY BIDDER.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL BBI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.6. GENERAL TERMS AND CONDITIONS
Product and Service Listings and Bid Requests:
BBI strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. All hyperlinks to other websites from BBI are provided as resources to customers looking for additional information and/or professional opinion. BBI does not assume responsibility for the claims and/or representations made on these or any other websites.Minimum Age 18 Requirement
We hereby require all purchasers of BBI's products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree not to purchase or use any of the products or services of BBI. If you are purchasing any of the products or services of BBI, you represent that you are at least 18 years of age.Governing Law and Jurisdiction:
Any dispute arising out of or related to these Product and Service Terms and Conditions or the associated sales transaction between BBI and you shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. BBI and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts or Federal Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. You also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against BBI that is more than one year after the date of the applicable invoice. You agree that any legal action asserted by you shall not be in the form of or joined with a class, or in the form of a class action, and may only be asserted on your own behalf.Severability:
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.Waiver:
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.Contact Us:
If you need to contact us regarding a purchase of a product or service, please send correspondence to:
|ATTN: Customer Support|