BidMyCommunity Terms and Service Agreement

Definitions

For purposes of this Agreement:

• “Platform” refers to the BidMyCommunity website, as well as any related applications, tools, or services offered by BidMyCommunity.
• “User” refers to any individual or entity that registers for or uses the Platform, including, but not limited to, Licensed Contractors, Property Managers, and Community Members.
• “Circumvention” refers to any action taken by a User to bypass the required Platform Fee by engaging in transactions related to a job or service agreement outside of the Platform.
• “Platform Fee” refers to the fee charged on all won contracts or service agreements facilitated through the Platform. The current fee is 2.5% but can be subject to change without notice.

Disclaimer of Liability and User Responsibility

BidMyCommunity provides the Platform solely as a tool to facilitate connections between Users, without any claim to verifying the identity, legitimacy, or quality of services of any User. All Users are solely and fully responsible for performing their own due diligence, including the verification of licenses, credentials, background, and references, before engaging with other Users on the Platform. BidMyCommunity disclaims any and all liability associated with User interactions, representations, or actions, and makes no guarantees, endorsements, or warranties regarding any User, their qualifications, or the accuracy of information provided by Users.

By using the Platform, Users expressly acknowledge that they assume all risk related to interactions with other Users. BidMyCommunity shall not be liable for any damages or losses incurred as a result of reliance on or interactions with other Users. Any use of the Platform is at the User’s sole and exclusive risk, and BidMyCommunity is not responsible for any outcome of interactions, contracts, or transactions initiated on or facilitated by the Platform.

User Eligibility

The Platform is intended exclusively for Licensed Contractors, Contractor Associates, Property Managers, Property Admins, and Community Members who are at least 18 years of age and possess the legal capacity to enter into binding contracts. By accessing or using the Platform, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate, current, and complete. Failure to meet these requirements constitutes a breach of this Agreement and may result in immediate suspension or termination of your account.

Prohibition Against False Representations or Qualifications

Users represent and warrant that they have the necessary qualifications, licenses, permits, and insurance required by law for any job they bid on or accept through the Platform. Any misrepresentation of qualifications or capabilities, intentional or otherwise, may result in termination of the User’s account and potential legal action by BidMyCommunity.

Account Responsibilities

To access certain features of the Platform, Users must create an account. By creating an account, you agree to:

• Maintain the confidentiality of your account credentials and be solely responsible for all activities under your account.
• Provide only accurate, truthful, and complete information in your account profile, and keep such information updated.
• Notify BidMyCommunity immediately of any unauthorized account use or security breaches.

Providing false or misleading information, or failing to comply with account responsibilities, may result in immediate account suspension or termination, forfeiture of any pending bids or contracts, and potential legal action.

Payment Terms

All payments on the Platform are processed through a third-party payment processor. By using the Platform, you agree to comply with the payment processor’s terms and conditions. Contractors are required to pay a Platform Fee, currently equal to 2.5% of the total value of all won contracts or service agreements. This Platform Fee is automatically deducted from billed amounts and is non-refundable under any circumstances.

Non-Payment Consequences

Failure to pay the Platform Fee will result in immediate account suspension. Users with unpaid Platform Fees are additionally liable for liquidated damages, reasonable attorney fees, and any collection costs incurred by BidMyCommunity in enforcing this Agreement.

Use of the Platform

Permissible Uses:

• Contractors may view, bid on, and fulfill jobs posted on the Platform.
• Property Managers and Community Members may post jobs and review bids submitted by Contractors.

Impermissible Uses:

• Circumvention: Engaging in, or attempting to engage in, any transaction related to jobs or service agreements outside of BidMyCommunity to bypass the Platform Fee is strictly prohibited.
• Assisting in Circumvention: Property Managers and Community Members are prohibited from aiding or encouraging Contractors to circumvent the Platform.
• Unauthorized Solicitation: Users may not solicit other Users in any manner that undermines the Platform’s integrity, including solicitation for jobs or contracts outside of BidMyCommunity.

Independent Contractor Relationship

BidMyCommunity does not employ, endorse, or recommend any User. Nothing in this Agreement creates an employment, joint venture, partnership, or agency relationship between BidMyCommunity and any User. Users acknowledge that any engagement or contract formed between a Contractor and Property Manager or Community Member is solely between those parties and does not involve BidMyCommunity as a party.

User Risk Acknowledgment

Users acknowledge that engaging in projects, contracts, or financial transactions through the Platform entails certain inherent risks, including potential disputes, delays, or unsatisfactory work. Users accept these risks and agree that BidMyCommunity shall not be responsible or liable for any negative outcomes arising from User interactions, engagements, or transactions.

Account Verification and Suspension Rights

BidMyCommunity reserves the right, but is not obligated, to verify the identity of any User. If BidMyCommunity suspects fraudulent activity, misuse of the Platform, or non-compliance with this Agreement, it may, at its sole discretion, suspend or terminate any account, with or without prior notice to the User.

Data Use and Analytics Consent

By using the Platform, Users consent to BidMyCommunity’s use of aggregated and anonymized data derived from Platform usage for purposes including, but not limited to, analytics, research, and service improvement. BidMyCommunity may share aggregated insights with third parties, provided that no personal or identifying information is disclosed.

Communication and Consent to Receive Notifications

By registering for an account, Users consent to receive communications from BidMyCommunity, including emails, notifications, and updates regarding Platform activity, account status, and promotional content. Users may opt out of promotional emails at any time; however, notifications regarding account activity or policy updates are mandatory for continued use of the Platform.

Modification and Interruption of Service

BidMyCommunity reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Platform or any part thereof, with or without notice, at any time. Users agree that BidMyCommunity shall not be liable to them or any third party for any modification, suspension, or discontinuance of the Platform or any part of it.

Confidentiality

Users agree to keep all non-public information obtained through the Platform, including information about projects, bids, or contracts, confidential and not to use it for any purpose other than fulfilling the intended business relationship on the Platform. Users may not disclose or use such information for competitive or unauthorized purposes.

Digital Signature Consent (Extended)

Users agree that by clicking “I Agree” or similar online prompts, they are electronically signing this Agreement and any related documents, and that this digital signature is equivalent to a handwritten signature. Users waive any rights to require an original handwritten signature or the delivery or retention of non-electronic records, to the extent permitted by law.

Prohibition of Misuse and Prohibited Content

Users agree not to upload, post, or transmit any material that is illegal, fraudulent, defamatory, obscene, or otherwise harmful or violates the rights of third parties. Misuse of the Platform, including posting inappropriate content or harassing other Users, may result in account termination and further legal action.

Termination Policy

BidMyCommunity reserves the right to immediately terminate any User account, at its sole discretion, for violations of this Agreement, including but not limited to:

• Providing false, misleading, or incomplete information.
• Failure to pay the required Platform Fee.
• Circumventing the Platform’s payment requirements.
• Engaging in activities that harm the Platform’s integrity or reputation.

Upon termination, all User data will be retained per applicable laws and our data retention policy. Terminated Users will forfeit access to any active bids or contracts, and BidMyCommunity reserves the right to pursue legal action where applicable.

Dispute Resolution

All disputes arising out of or related to this Agreement, including disputes between Users and BidMyCommunity, shall be resolved exclusively through binding arbitration in Palm Beach County, Florida, in accordance with the American Arbitration Association (AAA) rules. You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

Class Action Waiver

Users agree that any claims or disputes against BidMyCommunity shall be resolved on an individual basis, and Users waive the right to participate in any class, consolidated, or representative action. This waiver applies to arbitration and any other type of legal proceeding.

Waiver of Jury Trial

Users agree to waive their right to a jury trial for any disputes or claims arising out of or related to this Agreement or the Platform. All claims and disputes will be resolved through arbitration as outlined in this Agreement.

Limitation on Legal Claims Timeframe

Any claim or cause of action arising out of or related to use of the Platform or this Agreement must be filed within six (6) months after such claim or cause of action arose; otherwise, it is permanently barred.

User Assumption of Risk for On-Site Engagements

Users acknowledge that any engagement, meeting, or site visit conducted through connections made on the Platform is done at their own risk. Users assume full responsibility for their personal safety, property, and any injury or loss that may occur during on-site engagements. BidMyCommunity bears no liability for on-site incidents or interactions.

User Feedback and Suggestions

Any feedback, comments, suggestions, or ideas provided by Users regarding the Platform (“Feedback”) are entirely voluntary and non-confidential. By providing Feedback, Users grant BidMyCommunity a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, distribute, modify, and otherwise exploit such Feedback for any purpose, including improving the Platform.

No Guarantee of Project or Job Posting Availability

BidMyCommunity does not guarantee the availability of projects, jobs, or other work opportunities on the Platform. The volume and quality of opportunities may vary, and BidMyCommunity makes no representations or warranties about the frequency or suitability of job postings for any User.

Automated Data Collection Prohibited

Users agree not to use any automated means, including bots, spiders, or other scraping techniques, to access or collect data from the Platform without BidMyCommunity’s prior written consent. Unauthorized data collection or misuse of Platform data may result in termination of the User’s account and legal action.

User-Provided Content Ownership and License to Platform

Users retain ownership of any original content they upload to the Platform but grant BidMyCommunity a worldwide, royalty-free, non-exclusive license to use, display, reproduce, modify, and distribute such content in connection with providing and promoting the Platform’s services. This license is perpetual and irrevocable, provided that it pertains only to content displayed or used on the Platform.

Non-Disparagement Clause

Users agree not to publicly disparage or defame BidMyCommunity or its Platform, employees, affiliates, or other Users. Disparagement includes, but is not limited to, the publication of negative reviews, comments, or statements intended to harm the reputation or public perception of BidMyCommunity.

Disclaimer on Third-Party Background Checks

BidMyCommunity does not conduct background checks on any User. Any background check requirements are solely the responsibility of the engaging parties, and BidMyCommunity disclaims any liability or responsibility for failing to conduct background checks or for relying on information obtained from any third-party background check provider.

No Endorsement or Professional Advice

The information on the Platform, including User profiles, job postings, and resources, is provided for informational purposes only and does not constitute an endorsement, guarantee, or professional advice. Users should independently verify information and seek their own professional counsel as needed. BidMyCommunity shall not be held responsible for any reliance on such information.

Special Provisions for Jurisdictional Compliance

Certain provisions of this Agreement may be subject to jurisdiction-specific requirements or limitations based on applicable local, state, or federal laws. Users agree to comply with such jurisdictional requirements and acknowledge that BidMyCommunity may update this Agreement to reflect these changes.

Service Levels and Downtime Policy

While BidMyCommunity strives to provide uninterrupted access to the Platform, occasional downtime may occur due to maintenance, updates, or unforeseen issues. BidMyCommunity is not liable for any inconvenience, loss of business, or other damages resulting from downtime, and no refunds or credits will be issued for periods when the Platform is unavailable.

Anti-Harassment and Respectful Conduct

BidMyCommunity maintains a zero-tolerance policy for harassment, discrimination, abusive behavior, or disrespectful conduct. Users agree to treat all parties, including other Users and BidMyCommunity staff, with respect. Violations of this policy may lead to suspension or termination of the User’s account and may result in additional legal action.

No Guarantee of Revenue or Profitability

BidMyCommunity does not guarantee that using the Platform will result in revenue, profit, or successful business opportunities. Users assume full responsibility for assessing the financial risks associated with using the Platform, including but not limited to the potential for lost bids, project delays, or unforeseen expenses.

Security Disclaimer

While BidMyCommunity takes reasonable steps to protect the Platform and User data, no system is completely secure. BidMyCommunity does not guarantee the security of User data or communications on the Platform, and Users assume the risk that unauthorized parties may intercept or access transmitted information.

Non-Circumvention Agreement for Referrals or Leads

If BidMyCommunity introduces Users to potential clients, contractors, or other third parties through the Platform, Users agree not to circumvent or bypass BidMyCommunity to establish independent agreements or transactions with such parties without paying applicable Platform Fees. Any violation of this provision will incur liquidated damages as outlined in the Circumvention Penalties section.

Audit Rights

BidMyCommunity reserves the right to audit Users’ activities, accounts, and transactions on the Platform for compliance purposes. Users agree to cooperate with any reasonable audit request, including providing records or documentation related to transactions conducted on the Platform.

Chargeback and Payment Dispute Policy

Users agree not to initiate any chargeback or payment dispute for fees legitimately collected by BidMyCommunity through the Platform. Any chargeback attempt for legitimate charges may result in account suspension, termination, and liability for chargeback fees, recovery costs, and legal fees.

Advertising and Marketing Consent

By using the Platform, Users grant BidMyCommunity the right to feature anonymized data and high-level information about their activities on the Platform in promotional materials, case studies, or testimonials. Personal identifying details will only be included with prior consent.

Intellectual Property Indemnification

Users agree to indemnify and hold BidMyCommunity harmless from any claims or damages resulting from any intellectual property infringement by content they submit, post, or transmit through the Platform.

Records of Transactions

BidMyCommunity may retain records of all transactions, communications, and activities on the Platform for compliance, audit, or legal purposes. Users consent to the retention and review of such records by BidMyCommunity in accordance with this Agreement and applicable laws.

Acknowledgment of No Reliance

Users acknowledge that they have not relied on any representations, warranties, or statements other than those explicitly outlined in this Agreement. This Agreement constitutes the entire understanding between the parties regarding the Platform.

Continued Access Contingent on Compliance

BidMyCommunity reserves the right to condition continued access to the Platform on User compliance with any updated policies, agreements, or additional requirements, which may be imposed at BidMyCommunity’s discretion.

Limit on Transfer of Accounts

User accounts are personal and non-transferable. Any attempt to transfer or assign an account without BidMyCommunity’s prior written consent may result in account suspension or termination.

Environmental Responsibility Clause

BidMyCommunity encourages all Users to consider environmentally responsible practices in the execution of their work and projects. While this is a non-binding statement, Users acknowledge the importance of environmentally friendly practices.

Additional Indemnity for Regulatory Violations

If a User’s actions result in regulatory action or legal proceedings against BidMyCommunity, the User agrees to indemnify and hold harmless BidMyCommunity from all resulting damages, costs, and legal fees. This includes any penalties, fines, or expenses arising from violations of local, state, or federal regulations.

End-User Device Security Clause

Users are responsible for maintaining the security and integrity of any device used to access the Platform, including using up-to-date antivirus software and secure internet connections. BidMyCommunity is not liable for security breaches, unauthorized access, or data loss resulting from the use of insecure devices or networks.

Amendment and Notice Clause – Enhanced

BidMyCommunity reserves the right to amend or modify this Agreement at any time. Any amendments or modifications will be posted on the Platform and will become effective immediately upon posting. Users agree to periodically review the Agreement for any changes and understand that continued use of the Platform constitutes acceptance of any modified terms.

International Use and Export Compliance

Users agree to comply with all local rules regarding online conduct and acceptable content, as well as export control laws. If accessing the Platform from outside the United States, Users agree to be solely responsible for ensuring that their activities comply with local laws and do not violate any export or import laws or restrictions.

Survival of Indemnities and Releases

All indemnities, releases, and waivers of liability outlined in this Agreement will survive the termination of a User’s account and will continue to protect BidMyCommunity in any subsequent claims related to actions that took place during the term of this Agreement.

Successor Liability Clause

In the event that BidMyCommunity undergoes a merger, acquisition, or sale of assets, all terms and obligations under this Agreement will transfer to the successor entity. Users agree that their rights and obligations remain binding and enforceable by the successor.

Limitation of Liability

To the fullest extent permitted by applicable law, BidMyCommunity, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, revenue, data, or use, incurred by any User or third party, whether in an action in contract, tort (including negligence), warranty, or otherwise, arising out of or related to your use of the Platform.

No Waiver of Rights and Remedies

Failure by BidMyCommunity to exercise or enforce any right or remedy under this Agreement shall not constitute a waiver of such right or remedy. Any waiver of rights or remedies shall only be effective if in writing and signed by an authorized representative of BidMyCommunity.

No Third-Party Beneficiaries

This Agreement is intended solely for the benefit of the parties hereto and is not intended to confer any third-party beneficiary rights upon any other person or entity.

Assignment and Delegation Restrictions

Users may not assign or delegate any rights or obligations under this Agreement without the prior written consent of BidMyCommunity. Any purported assignment or delegation in violation of this provision is null and void.

Right to Offset for Outstanding Fees

BidMyCommunity reserves the right to offset any outstanding fees owed by a User against any payments owed to that User by BidMyCommunity in connection with services or transactions conducted through the Platform.

Disclaimer of Unauthorized Platform Representations

Users acknowledge that any representations made by other Users, third-party advertisers, or individuals unaffiliated with BidMyCommunity regarding the Platform or its services are unauthorized and are not binding on BidMyCommunity.

Confidential Arbitration Proceedings

All arbitration proceedings and outcomes shall be confidential, and neither party may disclose any aspect of the arbitration proceedings or the outcome without the other party’s consent, except as required by law.

Cumulative Rights and Remedies

All rights and remedies of BidMyCommunity under this Agreement are cumulative and may be exercised independently or in combination with any other rights or remedies available under law or in equity.

Right to Seek Injunctive Relief

In addition to any other rights and remedies available to BidMyCommunity, Users agree that BidMyCommunity may seek injunctive relief to prevent actual or threatened breaches of this Agreement, particularly with respect to confidential information or proprietary materials.

Interpretation of Agreement

Headings are for convenience only and do not affect interpretation. Any ambiguity in this Agreement shall not be interpreted against the drafting party.

Privacy Policy

User data will be collected, used, and protected in accordance with BidMyCommunity’s Privacy Policy. We are committed to maintaining the confidentiality and security of your personal information. BidMyCommunity will not share your personal information with third parties without your explicit consent, except as required by law or as necessary to provide our services.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal proceedings arising out of or relating to this Agreement shall be instituted exclusively in the federal or state courts located in Palm Beach County, Florida. You consent to the jurisdiction and venue of these courts and waive any objections to such jurisdiction or venue.

Force Majeure

BidMyCommunity shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including, but not limited to, natural disasters, government actions, communication or utility failures, pandemics, or other force majeure events.

Circumvention Penalties

If you are found to have circumvented the Platform by engaging in any transaction related to a job or service agreement outside of BidMyCommunity, you agree to be liable for:

• The full Platform Fee that would have been due.
• Liquidated damages equal to three times the Platform Fee.
• All legal costs, including reasonable attorney fees and court costs, incurred by BidMyCommunity in enforcing this provision.

Indemnification

You agree to indemnify, defend, and hold harmless BidMyCommunity, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to your use of the Platform, your violation of this Agreement, or your infringement of any rights of another.

Compliance with Laws

Users are solely responsible for ensuring that their use of the Platform complies with all applicable laws, regulations, and ordinances. BidMyCommunity assumes no responsibility for User compliance, and any violation of applicable laws is solely at the User’s own risk.