Bidmyreno exists to facilitate connections between its various users, which can include but are not limited to renovators, who may use the Site to post potential job opportunities and solicit bids from participating contractors and purchase services or products from participating suppliers; contractors, who may use the Site to provide bids relating to the potential job opportunities posted by the participating renovators; and, suppliers, who may use the Site to offer services or products directly to participating renovators or any other user in association with, for example, a third-party electronic payment provider, or indirectly through, for example, the suppliers specific channels of sale.
1. Authorized users
1.1 Age requirement and authority
In order to use the Site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this Site.
2. License to use the Site
2.1 Grant of license
Bidmyreno grants to you a limited, non-exclusive, non-transferable license to access and use the Site in accordance with the terms and conditions set forth in this agreement. Bidmyreno reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Site not specifically permitted under this agreement is strictly prohibited.
You agree that you will not: (i) use the Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without BidMyReno's express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use our Site in any way that violates the terms of this agreement. The Site is owned by BidMyReno and is protected by Canadian and United States of America copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.
3. Other restrictions
You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the Site; (c) send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
4. Copyrights and other intellectual property
As between you and Bidmyreno, you acknowledge that Bidmyreno owns or has a license to all title and copyrights in and to the content provided on this Site. All title and intellectual property rights in and to any licensed content provided on this Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
5. Trademarks and third-party trademarks
The following are registered trademarks or trademarks of Bidmyreno: Bidmyreno and its design logo (registered under Canadian Trademark Registration No. TMA807422), as well as certain other Bidmyreno trademarks (both unregistered and registered), service marks, graphics, and logos (collectively, the "Bidmyreno trademarks") used in connection with Bidmyreno' provision of products and services. Moreover, from time to time the Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Bidmyreno trademarks or the trademarks of any third party.
7. Submissions or other information
If you submit to us or post on the Site any listing, testimonial, comment, review, suggestion or any work of authorship (collectively a "submission") including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. For clarity, please do not submit or send any submission to us that you consider contains confidential or proprietary information. More specifically, no submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any "moral rights" in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
Removal of content
BidMyReno owns the content on the Site. You agree to post content that is relevant to the Site and answer the nature of the questions that are posed. You agree not to use questionable language. If we believe that the content you post is not in accordance with our policies we have the right to remove it. If we believe the content is not of the highest quality (photos, graphics) we also have the right to remove it at any time.
Removal of Contractors from Site
Bidmyreno has the right to remove any contractor from the site that receives unsatisfactory ratings more than once or who has been reported as being unreasonable, unprofessional or delivering low quality of work. Bidmyreno does not have to inform the contractor and can remove the profile and cancel the subscription at any time following complaints.
8.1 Term of this Agreement
This agreement will remain effective until terminated by you or terminated by us.
As previously discussed, Bidmyreno contemplates that suppliers may use the Site to offer services or products to users of the Site, which can include but are not limited to, renovators. It is further contemplated that these services and products may be offered for direct sale to the user through the Site, which in some instances, may require the assistance of a third party Vendor, such as but not limited to, an electronic payment provider. In these instances, it is contemplated that Bidmyreno will charge a site commission to the supplier that is calculated based on a percentage of the total value of the sale conducted directly through the Site. Moreover, the Vendor, which may include an electronic payment provider, may charge a vendor commission that is also calculated based on a percentage of the total value of the sale conducted through the site. Any such site commission or vendor commission is non-refundable. For clarity, even in the instance where a user returns, cancels or otherwise wishes to nullify the sale of any services or products purchased directly through the Site, any such site commission or vendor commission shall be non-refundable from Bidmyreno to the user.
8.3 Commission Rates
Presently, Bidmyreno has set the commission rates as follows: a site commission of 4% of the total, pre-tax sale conducted directly through the Site, and a vendor commission of 2% of the total, pre-tax sale conducted directly through the Site. Both the site commission and the vendor commission are payable from the user (which could be, for example, the renovator or the supplier) directly to Bidmyreno.
8.4 Commission Rates Subject to Change
8.5 Terms of Payment
As previously discussed, Bidmyreno contemplates that contractors may use the Site to bid on potential job opportunities posted by users of the Site, which can include but are not limited to, renovators. As discussed herein, Bidmyreno makes no warranty and takes no responsibility for any bid provided or work performed by any contractors. Similarly, Bidmyreno makes no warranty and takes no responsibility for the veracity of information posted in relation to any job opportunity posted by users of the Site, which can include but are not limited to, renovators. Contractors may also receive leads from time to time from people seeking contracted work and Bidmyreno also makes no warranty and takes no responsibility for information posted or job opportunity.
9.1 The Site (including all of its content) is provided to you "as is." Any use of this Site is at your own risk. To the maximum extent permitted by applicable law, Bidmyreno disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Bidmyreno makes no representations, warranties or guarantees that this Site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Bidmyreno disclaims any liability relating thereto.
9.2 Bidmyreno makes no representations, warranties or guarantees that use or results of the use of the Site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Bidmyreno may modify, suspend, or discontinue any aspect or feature of this Site or your use of this Site. If Bidmyreno elects to modify, suspend, or discontinue the Site, it will not be liable to you or any third party.
9.3 All listed information contained within this Site, without limitation and whether posted by a renovator, contractor, supplier, user or Bidmyreno, is subject to the possibility of errors, omissions, change of price, or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this Site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed project, contractor or supplier. You and your tax and legal advisors should conduct your own investigation of any information listed on this Site and any contemplated transaction concerning any information listed on this Site.
9.4 You hereby acknowledge that your submission of any information to us is at your own risk. Bidmyreno does not assume any liability to you with regard to any loss or liability relating to such information in any way.
9.5 Some of the content, products, and services available through the Site may include materials that belong to third parties. You hereby acknowledge that Bidmyreno assumes no responsibility for such content, products or services.
9.6 The Site exists only to facilitate the connection of renovators with contractors and/or suppliers. We do not warranty any work that is done by any contractor and do not assume responsibility for their work, without limitation. Analogously, we do not warranty any services or products provided by any suppliers and do not assume any responsibility for these provided services or products, without limitation. We do however, provide the ability for customers to rate and review contractors and suppliers to provide information about their business
9.7 If a contractor or a supplier has Bidmyreno.com verified partner status, Bidmyreno, without limitation, does not warranty or take responsibility for the contractor's work or the supplier’s services or products. Bidmyreno.com verified partner status signifies only that the contractor or supplier underwent a background check that consisted of 3 reference calls and investigation into their status with associations listed on their application the date it was submitted. The contractor or supplier is allowed to use Bidmyreno.com verified partner status for one year unless during that time a) it is brought to the attention of Bidmyreno.com verified partner associates that they have not renewed membership with an association or b) if they have done unsatisfactory work or provided unsatisfactory services or products for or to a client that is not resolved.
9.8 For clarity, Bidmyreno, without limitation, does not warranty any of the services or products offered by a supplier registered with Bidmyreno, either if the services or products are offered directly through the Site (in connection with a vendor, such as an electronic payment provider, of Bidmyreno’s choice) or indirectly through the Site and directly from the supplier.
10. Limitation of liability
In no event will Bidmyreno be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if Bidmyreno has been advised of the possibility of such damages and regardless of which party is deemed responsible for any such damages, including but not limited to any renovators, contractors, suppliers and Bidmyreno. No oral or written information or advice given by Bidmyreno or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
You will indemnify and hold Bidmyreno, its directors, officers, employees, affiliates, agents, contract employees and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the Site.
12.1 You will be responsible for providing the dial-up, dsl, cable modem or other form of internet access and any other hardware and software necessary to access and use the Site.
12.2 Bidmyreno complies with all applicable laws, including, but not limited to, privacy laws and individual state or provincial laws with respect to on-line listing and communication services. You agree that you will comply with all such laws applicable to you.
12.3 Bidmyreno or its business partners (including but not limited to any contractors or suppliers registered with the Site) may present advertisements or promotional materials on or through the Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Bidmyreno is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site.
12.4 If you know of, or suspect, any copyright, trademark or other intellectual; property infringement, please send a notice to [email protected].
12.5 This agreement will be governed by the laws of the Province of Ontario, Canada. The exclusive jurisdiction for any claim, action or dispute with Bidmyreno or relating in any way to your use of the Site will be in the state and federal courts of the Province of Ontario, Canada and the venue for the adjudication or disposition of any such claim, action or dispute will be in the City of Ottawa, Canada.
12.6 Bidmyreno may send notices to you with respect to your use of the Site by sending an email message to the email address listed in your account information, by sending a letter via U.S.Mail or Canada Post mail to the contact address listed in your account information, or by a posting a note on the Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
12.7 General contact information. For questions regarding this Site or your use of this Site, please email us at [email protected]. You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
Effective Date: January 1, 2007
THE TYPES OF INFORMATION WE COLLECT
INFORMATION VOLUNTARILY PROVIDED BY YOU
When you visit or transact business on our Web site, you may be required to register with us or be requested to provide us with personal and account information. When you provide us with this information, we will let you know how we may use such information. If you tell us that you do not want us to use this information as a basis for further contact with you (by accessing our opt-out procedure described below), we will respect your wishes. We may also offer options for you to sign up for our newsletters. During the registration process, you must provide us with a member name and password, your name, address and phone number and a valid email address. It is your responsibility to keep your password strictly confidential. Communications from us; newsletters and promotional offers: In order to keep our users informed about our latest news, products and services, we may send e-mails and announcements to your personal email address that you provided to us while registering on our Site. If you elected to opt–in to any of our email lists and later decide that you no longer wish to receive newsletters or promotional e-mail from us, you may unsubscribe from such list by following the instructions contained in each email we send to you to unsubscribe from such e-mail list. [Note: User opt-in registration procedures should clearly provide notice to the user that he or she is signing up to receive both newsletters and promotional e-mail or, alternatively, the company should provide an signup option for just newsletters or newsletters and promotional email.]
You are always free to contact us with a question or problem related to your use of the Site. Our standard business practice is to retain any communications from our Site visitors to help us to serve each of you better.
THIRD-PARTY INFORMATION PROVIDED TO US
Third Party Usage
We may purchase marketing data from third parties and add it to our existing user database to better target our advertising and to provide pertinent offers in which we think you would be interested. We may also associate this marketing data to the personally identifiable information that you provide to us.
AUTOMATIC DATA COLLECTION
WHEN AND WITH WHOM WE MAY SHARE YOUR INFORMATION
We may share your personal information with companies acting as our authorized agents in providing our service (e.g., credit card processing, electronic payment provider, customer/support services) to you, all of which agree to use it only for such specified purposes. Each vendor must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of your information in order to protect your personal information from unauthorized access, destruction, use, modification or disclosure. Because we operate globally, we may transfer your information to countries or jurisdictions that do not provide the same level of data protection as the country in which you are based. If we make such a transfer, we will, or our vendors will, as applicable, provide for the proper safeguards required by applicable law to ensure that your information is protected.
Legally affiliated entities
In the event that Bidmyreno is merged, or in the event of a transfer of our assets, Site or operations, Bidmyreno may disclose or transfer your personal information in connection with such transaction. In the event of such a transfer, Bidmyreno will notify you via email or by posting a prominent notice on our Site for 30 days of any such change in ownership of Bidmyreno resulting in a change of control of your personal information.
Legally compelled disclosure
We will also disclose your personal information when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's request, or in special cases when we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (whether intentionally or unintentionally) our rights or property.
You should also be aware that courts of equity, such as Canadian or U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your personal information to be shared or transferred to third parties without your permission.
Consent to processing
By providing any personal information to us, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in, Canada other countries or territories. Your personal information will be stored and processed on our computers in Canada. The laws on holding personal information in Canada may vary and be less stringent than laws of your state or country. We will use commercially reasonable efforts to hold and transmit your personal information in a safe, confidential and secure environment. If you object to your personal information being transferred or used in this manner please do not register with or use the Site.
Bidmyreno endeavors to take all reasonable steps and best efforts to protect the security of your personal information and your choices for its intended use. We use Secure Socket Layers or SSL technology to protect the transmission of sensitive personal information such as your credit card number. We store your personal information on a secure server, and use procedures designed to protect the personal information we collect from unauthorized access, destruction, use, modification or disclosure.
Although we will take (and require our third-party providers to take) commercially reasonable security precautions regarding your personal information collected from and stored on the Site, due to the open nature of the Internet, we cannot guarantee that any of your personal information stored on our servers, or transmitted to or from a user, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge that you understand and agree to assume these risks.
MODIFICATION OF YOUR CHOICES AND PREFERENCES
If you would like to opt out of any of our marketing programs, or wish to withdraw your consent to us contacting you via your e-mail, fax or phone number, or if your personal details change, please contact us by email at [email protected] with a copy of the marketing email that you have received from us and by typing "Remove" in the subject line of your e-mail.
Your election not to receive newsletters or promotional and marketing correspondence from us will not: (a) preclude us from corresponding with you, by email or otherwise, regarding your existing or past relationship with us, and (b) preclude us, including our employees, contractors, suppliers, agents and other representatives, from accessing and viewing your personal information in the course of maintaining and improving the Site.