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Terms of Use

General

These terms constitute a legal agreement between you, the person using this Internet site (“User”), and SiteBid, Inc., a California Corporation d/b/a SiteBid Infrastructure (“SiteBid”), the operator of this Internet site. By accessing, browsing, or using this Internet site (referred to as “Site,” which includes all properties, mobile, web, or otherwise, owned and operated by SiteBid), you acknowledge that you have read, understood, and agreed to be bound by these terms and to comply with all applicable laws and regulations, including but not limited to U.S. export and re-export control laws and regulations. If you do not agree to these terms, you are not authorized to use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law and international treaties.

  1. SiteBids’ Role. Sitebid may assist you in performing the various tasks in a real estate transaction. However, unless explicitly specified by the terms of use for a particular Service (each a “Product’s Terms”), THE SERVICES ARE NOT INTENDED TO provide you with any financial, legal, real estate, or related advice of any kind. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, SiteBid may serve advertisements based on the information we collect through the Services. See our Privacy Policy for more details.
  2. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account and agree to a Product’s Terms, to the extent applicable to that service, which may be incorporated herein or available on a separate SiteBid site. When you register for an account you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf.
  3. Prohibited Use: By using the Services, you agree not to:
    1. Reproduce, modify, distribute, display, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services.
    2. Provide or authorize a link to any of the Services from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution.
    3. Remove or modify any copyright or other intellectual property notices in the Services.
    4. Use the Services unlawfully or in a way that harms the SiteBid, its service providers, suppliers, affiliates, or any other users.
    5. Use the Services in any way that discriminates against individuals or classes of individuals protected under federal, state, or local laws or that promotes illegal, racist, or discriminatory activities or outcomes.
    6. Distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services.
    7. Impersonate another person, misrepresent your affiliation, or make false representations to third parties.
    8. Reproduce, publicly display, or make accessible on or through any other website, application, or service any content or information available through the Services unless explicitly permitted by us.
    9. Upload invalid data, viruses, worms, or other harmful software agents to the Services.
    10. Post or make accessible any content that we consider illegal, offensive, or objectionable, including content that harasses, discriminates, demeans, threatens, or disparages individuals or classes of individuals.
    11. Interfere with or compromise the system integrity or security of the Services, or bypass any measures used to prevent or restrict access to the Services.
    12. Conduct automated queries, screen scraping, or any other automated activity to obtain information from the Services.
    13. Use any of the SiteBids’ trademarks as part of your screen name or email address on the Services.
    14. Access or use the Services to develop competitive products or services.
    15. Attempt to or encourage any third party to engage in any of the above activities.
  4. E-commerce and Service Fees. All transactions on SiteBid shall be governed in accordance with these Terms and Conditions along with the Pro Services and Listing Ad Terms of Use and Participation Agreement.
    1. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
    2.  Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account, by contacting us at support@sitebid.com, or, if applicable by contacting your business consultant.
    3. Transactions. During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a featured listing, a online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. SiteBid cannot take responsibility for the success or security of transactions undertaken or processed by third parties. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree SiteBid is not responsible for such errors or discrepancies.
  5. User Materials:
    1. UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide SiteBid images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to SiteBid, you grant us a non-exclusive, royalty-free, worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of, and otherwise use your User Materials in connection with SiteBid and for SiteBid’s business purposes. You retain ownership of your User Materials. You represent and warrant that you have all necessary rights and permissions to grant this license and that your User Materials do not infringe or violate any third-party rights, including copyright, trademark, trade secret, privacy, or publicity rights, or any other intellectual property or proprietary rights.
    2. UGC Disclaimer. We have no obligation to monitor or control User Materials, and we do not guarantee the accuracy, integrity, or quality of User Materials. We are not responsible for any User Materials, and we make no representations or warranties regarding User Materials. We may, in our sole discretion, remove or disable access to any User Materials that we believe may violate these Terms or be otherwise objectionable. We disclaim all liability for any User Materials.
    3. User Materials Removal Request. If you believe that any User Materials violate your rights or are otherwise objectionable, you may request removal of those User Materials by contacting us at [contact email address]. Please include detailed information about the User Materials and the basis for your request.
    4. User Materials Feedback. If you provide any feedback or suggestions regarding User Materials or SiteBid, you agree that we may use and incorporate such feedback or suggestions into SiteBid or our services without any obligation to you.
  6. Ownership and Use of Content. All information, content, services, and software displayed on, transmitted through, or used in connection with SiteBid.com or affiliated sites of SiteBid, including websites, stories, reviews, blogs, listings, guides, photographs, illustrations, audio clips, video, HTML, source, and object code, are owned by SiteBid and its affiliates. You may use SiteBid material online only and only for non-commercial use unless otherwise agreed to in writing. You may not republish any portion of SiteBid on any Internet, Intranet, or extranet site or incorporate the content into any database, compilation, archive, or cache. Distribution of any content to others, whether for payment or other consideration, is strictly prohibited. You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display, or otherwise use any portion of the content without explicit permission. Scraping or copying our content without permission is prohibited. You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through SiteBid. You shall not insert any code or product or manipulate the content of SiteBid in any way that affects the user experience, and you shall not use any data mining, data gathering, or extraction method. You may not use any meta tags or any other hidden text utilizing or incorporating SiteBid’s name or trademarks. Requests to use content for any purpose other than as permitted in these Terms of Use should be directed to SiteBid by contacting us. In certain cases, you may be able to obtain permission to use individual stories that appear on SiteBid through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the site you may license or you will see a link in the site itself. If you do not see such authorization or link, you should assume no third party has the right to allow you to use material from the site.
  7. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on SiteBid, including, for example, communication during registration, communication on any SiteBid listing, blog, comment area, messaging system, entering any contest, posting any material, photograph, etc., you agree to abide by the Content Guidelines and represent and warrant:
    • You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Use.
    • All information you provide is true, accurate, current, and complete and does not violate these Terms of Use.
    • The content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of SiteBid that allow for unique, fictitious names, e.g., user names in comment areas).

    For all such information and material, you grant SiteBid, its affiliates, and related entities, a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works from such information, in any form, media, software, or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize SiteBid to include the information in a searchable format accessible by users of SiteBid and other affiliated websites and to use your name and any other information in connection with its use of the material you provide. You also grant SiteBid the right to use any material, information, ideas, concepts, know-how, product concepts, trade secrets, or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

  8. Communications with Third Parties Through SiteBid. Your dealings or communications through SiteBid with any party other than SiteBid are solely between you and that third party. For example, certain areas of SiteBid may allow you to contact third party agencies, conduct transactions, or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will SiteBid be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns, or questions relating to materials provided by third parties should be forwarded directly to the third party. During your visit to SiteBid, you may link to or view certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, websites, advertisements, features, or contests offered by other parties. SiteBid is not responsible for the actions or policies of such third parties. You should check the applicable terms of use and privacy policies of those third parties when providing information on such a feature or page. SiteBid cannot and does not warranty the accuracy or completeness of information about goods or services for sale provided by third parties and specifically disclaims any implied warranties, including the warranties of merchantability and fitness, with respect to such goods. You acknowledge that reliance upon information about goods or services for purchase provided by third parties shall be at your sole risk. Any and all concerns regarding such goods or services must be addressed directly with the prospective seller prior to the sale.
  9. Consent to Receipt and Recording of Communications. User agrees that SiteBid, or a third party acting on behalf of SiteBid, may email, call and/or send text messages to the email address and telephone number(s) provided by User, or via in-app features, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice (“Other Messages”). User further agrees that such emails, calls and/or text messages may constitute advertising or telemarketing, e.g. SiteBid may email, call, or text with information about new service offerings available to User. User understands that agreeing to receive Other Messages that constitute advertising or telemarketing is not a condition to purchase. User further agrees that calls between User and consumers or SiteBid employees may be recorded for quality control, training, and other internal business purposes. For certain Services provided by SiteBid, User acknowledges that call recording may not be disabled by User.
  10. Content You Provide. To the extent that you post, upload, input, submit, or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through SiteBid, you agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity.
    1. Responsibility of Content. You are entirely responsible for all Content that you provide or otherwise make available via SiteBid. You also warrant and represent that you own or otherwise control all of the rights to such Content, including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to SiteBid as provided below. You promise that you will not use the SiteBid Network to Transmit any Content:
      • Not related to appropriate subject matters.
      • Which is misleading to others, including consumers.
      • That is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
      • That you do not have a right to post and Transmit under any law or under contractual relationships.
      • Such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party.
      • And materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
      • Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
    2. Content Rights. By Transmitting Content to SiteBid, you grant, and you represent and warrant that you have the right to grant, to SiteBid an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of SiteBid, you grant SiteBid all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on SiteBid by any party for any purpose.
    3. Claims of Unauthorized Information. SiteBid is committed to maintaining the privacy and security of any and all such information that you provide to SiteBid through the SiteBid Network in accordance with its Privacy Policy. Please review the SiteBid Privacy Policy. If any party claims that the information submitted by the User is not authorized to be provided, SiteBid will cooperate with such claims but shall also be held harmless and not responsible for any damages arising from such claims.
    4. Data Security: SiteBid employs reasonable measures to keep submitted information secure. However, SiteBid does not guarantee the security of submitted information. In the event of a breach of security or unauthorized access to the information, SiteBid shall be relieved of all liability.
  11. Posting Rules. Interactive areas, discussion boards, Q&A advice, private messaging, blogs, etc., are intended to encourage public debate. We expect people to differ — judgment and opinion are subjective things — and we encourage freedom of speech and a marketplace of ideas. By using these areas of SiteBid, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. We prohibit profanity, libel, spam, racial epithets, and the harassment and abuse of others. Any off-topic comments stand a chance of being removed.
  12. Links. Links provided on this Site are put there for the user’s convenience. Links may be directed to third-party content, meaning that SiteBid has no control over what is actually posted at the destination sites. SiteBid does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that SiteBid can review the content and make changes to links where necessary.
  13. Webscraping of Listing & Property Data Is Not Allowed. Crawling the SiteBid Network is allowed to legitimate search engines only. SiteBid reserves the right to ban anyone who abuses this term. For web scraping inquiries, contact us. You may not use a third-party application to access the SiteBid Network or the content and services for any purpose, including monitoring or copying any material from the SiteBid Network. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to SiteBid on or through the SiteBid Network or any service offered on or through the SiteBid Network. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  14. Real Estate Services and Property Data.
    1. Solicitation. SiteBid is not a licensed real estate broker. Any electronic communication is not an offering nor an offer to sell nor a solicitation of offers to purchase. It is provided solely for informational purposes and is not intended to constitute an advertisement in any jurisdiction. All information contained within this website are subject to change, and no representations are made as to the accuracy of such information.
    2. Real Estate Data. All real estate data provided on this Site is strictly for the personal, private, non-commercial use of User and is not made available for redistribution, retransmission, reformatting, modification or copying. User may not sell or use any of the real estate data on this Site for any purpose other than attempting to evaluate houses or properties for sale or purchase by User. User acknowledges that the real estate data on this Site is provided by 3rd party providers or vendors (“Vendors”), and User acknowledges the validity of the Vendors copyright as to such data. User expressly acknowledges and agrees that the Vendors are a third-party beneficiary of these Terms of Use, and that the Vendors will be entitled to enforce these Terms of Use against User. To the fullest extent permitted by law, the data on this Site is provided “as is,” without warranty or representation of any kind, either express or implied, as to the nature, quality, characteristics or value of any property or information to which the data pertains. Public Record Information displayed on this Site is deemed reliable but not guaranteed.
    3. Equal Housing Opportunity. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
  15. ValueTrack Disclosure
    SiteBid provides valuation estimates for leases through our ValueTrack estimate (“ValueTrack” or “Estimate”). The ValueTrack lease valuation model is SiteBid’s estimate of a lease’s market value. A ValueTrack Estimate incorporates public and user-submitted data into SiteBid’s proprietary formula, also taking into account lease facts, location and market trends. It is not an appraisal and can’t be used in place of an appraisal.

    1. Reliability of Information. User acknowledges that SiteBid’s ValueTrack estimates are provided as a general reference and are deemed reliable but not guaranteed to be accurate. Any information provided by SiteBid should not be used as the sole basis for making financial decisions.
    2. Hold Harmless Agreement. User agrees to hold SiteBid harmless from any claims, damages, or losses resulting from the use of ValueTrack estimates. SiteBid shall not be liable for any financial or other consequences arising from the use of its estimates.
    3. Data Sources and Calculation. ValueTrack estimates are generated based on User-submitted content and adjusted using industry-standard rates and historical data. While SiteBid makes reasonable efforts to provide accurate estimates, it does not warrant specific results or accuracy.
  16. Disclaimer of Warranty. You expressly understand and agree that:
      1. Your use of the SiteBid Network is at your sole risk. The SiteBid Network is provided on an “as-is” and “as-available” basis. SiteBid and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
      2. SiteBid and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that: a. The SiteBid Network will meet your requirements. b. The SiteBid Network will be uninterrupted, timely, secure, or error-free. c. The results that may be obtained from the use of the SiteBid Network will be accurate or reliable. d. The quality of any products, services, information, or other material obtained by you through the SiteBid Network will meet your expectations.
      3. Any material downloaded or otherwise obtained through the use of the SiteBid Network is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
      4. No advice or information, whether oral or written, obtained by you from SiteBid or through or from the SiteBid Network shall create any warranty not expressly stated in these terms and conditions.
    • Third Party/Linked Services/Sent information.
      1. Generally. The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
      2. Certain Third-Party Services. (i) Referrals and Lead Sales. As part of the Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. If any of these parties have an affiliated relationship with any of SiteBid, then one or more of SiteBid may receive a financial or other benefit from the referral between such affiliates(ii) Non-Affiliated Financial Products. If you choose to contact a non-affiliated professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider on the Services, you authorize SiteBid, in particular, to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. SiteBid is only providing an administrative service to consumers and participating Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by SiteBid.
      3. Additional Terms for Third Party Services. Certain aspects of the Services include Third-Party tools that are subject to additional Third-Party terms, including, but not limited to, the following:
        1. Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use available at https://www.microsoft.com/maps/assets/docs/terms.aspx.
        2. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, available at https://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.
    • Intellectual Property. SiteBid is owned and operated by SiteBid. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of SiteBid (the “SiteBid Materials”) that we provide are protected by intellectual property and other laws and are the property of SiteBid or SiteBid’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the SiteBid Materials, and SiteBid reserves all rights to the SiteBid Materials and Services not granted expressly in these Terms of Use.
    • Feedback. If you choose to provide input and suggestions regarding SiteBid, including related to any of SiteBid’s materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve SiteBid or create other products and services.
    • DMCA; Claims of Copyright Infringement. SiteBid respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material, please review our Copyright Notice for proper procedures.
    • Deactivation/Deletion/Changes to Agreement. Except as stated in any Product’s Terms, you may deactivate your account at any time by selecting “deactivate account” in your account settings on SiteBid. You can delete your account and all your account data by submitting a request to “delete your data” at https://sitebid.com/contact. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the SiteBid platform. If you violate any provision of these Terms of Use, your permission from the SiteBid Companies to use the SiteBid platform will terminate automatically. In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the SiteBid platform at any time for any reason, with or without notice. We may alter, suspend, or discontinue the SiteBid platform or any portion of it without notice. We will not be liable whatsoever for any change to the SiteBid platform or any suspension or termination of your access to, or use of the SiteBid platform. We reserve the right to change these Terms of Use at any time in its sole discretion on a going-forward basis, and we will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the SiteBid platform after any updates are effective will represent your agreement to the revised version of the Terms of Use and will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
    • Privacy Policy/Other Terms.
      1. Privacy Policy. SiteBid will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult your Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
      2. Other Terms. Your use of the Services is subject to all additional guidelines, rules, Product Terms, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services, including, without limitation, the Listing Quality Policy. If you are a non-affiliated Third-Party Provider who has created an industry professional account with SiteBid, you are subject to Data Terms. All such terms are incorporated into, and made a part of, these Terms of Use.
    • Indemnification. You agree to indemnify, defend, and hold harmless SiteBid, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. SiteBid reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with SiteBid’s defense of that claim.
    • No Warranties. SITEBID PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITEBID AND OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. SITEBID AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY SITEBID ENTITY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND SITEBID MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHER OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
    • Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL SITEBID OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF SITEBID HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITEBID ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR (VII) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF SITEBID AND ANY OF OUR AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO SITEBID FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
    • Choice of Law; Disputes. These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in the State of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
    • No Waiver/Severability. The failure of SiteBid to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
    • Violations of Terms. You agree that monetary damages may not provide a sufficient remedy to SiteBid for violations of these terms and conditions, and you consent to injunctive or other equitable relief for such violations. These remedies are in addition to any other remedies SiteBid may have at law or in equity. If SiteBid takes any legal action against you as a result of your violation of these terms and conditions, SiteBid will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SiteBid. You agree that SiteBid will not be liable to you or to any third party for termination of your access to the SiteBid Network as a result of any violation of these terms and conditions.
    • General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and SiteBid with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and SiteBid with respect to the Services.
    • Consent to Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read our Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with SiteBid or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by SiteBid or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by us and the Communications Service. The information is subject to the Privacy Policy.
    • Changes to Terms and Conditions. SiteBid may change, add or remove portions of these Terms of Use at any time, but if it does so, it will post such changes on the Site, or send them to you via e-mail or postal mail. Your continued use of the SiteBid Network after any changes are posted constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access the SiteBid Network. It is your responsibility to regularly review these Terms of Use.
    • Entire Agreement. These terms and conditions constitute the entire agreement between you and SiteBid with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These terms and conditions are in addition to any specific terms and conditions that apply to the products or services offered by SiteBid. If any provision of these terms and conditions is 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.