Register Company

Erie Bids, LLC
Terms and Conditions

This Agreement ("Agreement") governs your relationship with Erie Bids, LLC. In this Agreement, we will refer to you, the registered service professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "Service Professional" and to Erie Bids, LLC and its employees and agents as "we" or "ErieBids". References herein to the ErieBids website include any and all websites now, or hereafter, owned or operated by ErieBids.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

1. Services Provided by ErieBids.

(a) Service Requests. ErieBids receives requests from customers for specified home improvement services. ErieBids will post these requests ("Service Requests") on its website for review by its Service Professionals. ErieBids will also post information about Service Professionals, the services offered and, may in the future post any customer reviews. The information ErieBids provides about Service Professionals will be based on the information submitted during the registration process (which you may amend from time to time) and on customer reviews (which will be updated by ErieBids from time to time). Service Requests will be available for viewing by other Service Professionals. A customer cannot contract with you by use of the ErieBids website. In the event a customer selects you in response to a quote you provide (or schedules an appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.

(b) No Guaranteed Minimums. We do not guarantee to provide you any specific number of Service Requests, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. Your relationship with ErieBids is not exclusive and ErieBids will allow service professionals providing the same or similar services as you to become a registered Service Professionals.

(b) Customer Reviews. We may at some point begin to provide customers with the ability to rate their experience working with you. You will also have the ability to solicit and collect reviews from any of your customers. Customer reviews, whether submitted directly to ErieBids by customers or submitted by you in response to a solicitation, may or may not be displayed on the ErieBids website, in the sole discretion of ErieBids.

2. Service Professional Registration.

(a) Registration. You may register to receive Service Requests, including placement on the ErieBids website directory of registered Service Professionals.

(b) ErieBids Directory. If you elect to become a registered Service Professional and be listed in ErieBids directory of Service Professionals, your business listing will appear on the Reviews section of ErieBids website, in response to Service Requests from customers for projects in the categories that you have indicated to ErieBids that you perform, in geographic locations where you have told ErieBids you perform services. ErieBids does not make any representations or warranties regarding how often your listing (including any ratings or reviews) will be viewed, or where or on what page of the Reviews your listing will appear, or your conversion rate for views of your listing. You will also have the ability to solicit and collect reviews from any of your customers, which may or may not be displayed in ErieBids directory, in ErieBids sole discretion.

3. Service Professional Representations and Agreements.

(a) Representations. By registering with ErieBids you represent, on behalf of yourself, your company (including any predecessor company), employees, and any individuals performing work on your behalf, that at the time you become a ErieBids Service Professional, and thereafter while this Agreement remains in effect:

(i) You are at least 18 years old and can form legally binding contracts under applicable law;

(ii) You are qualified and capable of performing the services, trade, or tasks you listed on your Service Professional profile, and any subsequent amendments you make to your Service Professional profile;

(iii) You are, and at all times will be, properly and fully licensed, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services, and if you or your company are operating under a license with special restrictions, you will at all times operate within the guidelines as specified by such restrictions;

(iv) You will notify ErieBids promptly of any such changes to your licensing, bonding or insured status;

(iv) You will comply with the ErieBids membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by ErieBids to comply with any changes.

(v) You are free from any (i) bankruptcies or civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided ErieBids with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with ErieBids you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify ErieBids. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize ErieBids to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.

(b) Agreements. By registering with ErieBids you agree, on behalf of yourself, your company (including any predecessor company), employees, and any individuals performing work on your behalf, that at the time you become a ErieBids Service Professional, and thereafter while this Agreement remains in effect:

(i) To allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of by means of a Service Request.

(ii) To the extent you use any subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section 3(b) of this Agreement.

(iii) You agree not to sell, trade, assign, or otherwise transfer any Service Requests provided by ErieBids to any other party, including any other ErieBids Service Professionals.

(iv) You agree that once you have been notified that a bid for a Service Request has been accepted by the customer with another Service Professional you will not, directly or indirectly, contact the customer regarding the Service Request.

(v) By enrolling in the ErieBids network and becoming an ErieBids Service Professional, you are requesting, and you expressly consent to being contacted by ErieBids and by our agents and representatives by phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal or state or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from ErieBids, in order that we may provide the services set forth on our website.

(vi) If you provide written comments or testimonials about our service, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize ErieBids to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to ErieBids or that you upload to our website, for use and posting on our website and for use in marketing materials to be presented to customers in online postings, by emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. ErieBids reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the ErieBids website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our website, and you represent that your uploading for display of any such content, and the use by ErieBids of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide ErieBids in writing with any such restrictions or limitations of use. If expressly authorized by ErieBids in writing in advance, you may be authorized during the term of this Agreement to use certain marks of ErieBids as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of ErieBids.

(vii) By posting or providing any content on the ErieBids website, including but not limited to photographs ("Content"), you represent and warrant to ErieBids that you own or have all necessary rights to use the Content, and grant to ErieBids the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant ErieBids and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the ErieBids website, and on any other websites owned or operated by ErieBids. Nothing in this Agreement shall restrict other legal rights ErieBids may have to the Content, for example under other licenses. ErieBids reserves the right to remove or modify Content for any reason, including Content that ErieBids believes violates this Agreement or our policies. You further authorize ErieBids and our affiliates, licensees, sub-licensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your ErieBids account is terminated, or if you remove any Content from your ErieBids account, ErieBids and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

(viii) You acknowledge and agree that all of the content and information posted on the ErieBids website (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of ErieBids. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any customer Reviews (including those relating to you and your business), or any other content posted on the ErieBids website, other than content provided directly by you. You represent and warrant that all of the information you provide to ErieBids, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to ErieBids for any such damages, and will indemnify ErieBids in the event of any third-party claims against ErieBids based on or arising from your violation of the foregoing. You acknowledge and agree that ErieBids has the right, in its sole discretion, to contact customers about services you provide to gain their feedback, and to display such customer Reviews on the ErieBids website. ErieBids is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our website.

(ix) You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with ErieBids, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, local and other laws and regulations that apply to your activities.

(x) YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ERIEBIDS SERVICE REQUEST (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ERIEBIDS AND OTHER SERVICE PROFESSIONALS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF ERIEBIDS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL AND STATE DO-NOT-CALL REGULATIONS AND FEDERAL AND STATE ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ERIEBIDS, AS SET FORTH IN SECTION 6 BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.

(zi) You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from ErieBids regarding any work or services you have performed.

4. Fees.

(a) General. You agree to be bound by the then applicable Fee Schedule (all fees are stated and payable in US dollars) for any and all Projects accepted by you.

FEE SCALE:

(b) Service Request Acceptance Fees. In the event you contract with a customer in response to a Service Request, you agree that payment for Service Requests will be made at the time you are engaged by the customer to commence services. Project Fees can be made by initiating an ACH transfer or processing your credit card. All Project Fees constitute advertising fees paid by you to ErieBids and are in no way, referral commissions based upon your successful completion of services.

5. ErieBids Seal of Approval.

(a) License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, ErieBids hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the ErieBids Seal of Approval in connection with marketing your business. You agree that any use or display of the ErieBids Seal of Approval must comply with all standards and guidelines of ErieBids adopted from time to time with respect to the proper use and display of the ErieBids Seal of Approval.

(b) Restrictions. You may only use the ErieBids Seal of Approval in the event you pass ErieBidss screening criteria. ErieBids may re-screen your business at any time in its sole discretion, and may terminate this Agreement in ErieBidss sole discretion if your screening status should change. Further, you agree that you will use and display the ErieBids Seal of Approval solely in connection with the tasks for which ErieBids screens you. For example, if you are pre-screened as a plumber, you may not use the ErieBids Seal of Approval to advertise your business for any services other than plumbing services. You may only use the ErieBids Seal of Approval for its intended use, and you may not misrepresent ErieBids, or ErieBidss services, your affiliation with ErieBids, or the ErieBids Seal of Approval. The license granted hereunder is solely for the use of the ErieBids Seal of Approval, and you do not have any right to use the ErieBids name or logo separately or apart from the ErieBids Seal of Approval.

(c) Accessing the ErieBids Seal of Approval. You agree that you shall access the ErieBids Seal of Approval solely thru the following methods: (a) by a code snippet provided to you by ErieBids for use online on your website, or (b) any other method generally offered by ErieBids. You may not make any changes or modifications to the ErieBids Seal of Approval (including the code snippet), and shall only use the ErieBids Seal of Approval in the exact form and format in which it is provided to you by ErieBids.

6. Indemnification; Limitation of Liability; Disclaimer of Warranties.

6.1 Indemnification. You shall fully protect, indemnify and defend ErieBids and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of customer personal information) as provided in this Agreement, including any extra work, and in connection with your use of the ErieBids Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ERIEBIDS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ERIEBIDS OR THE INDEMNIFIED PARTIES.

6.2 Limitation of Liability. IN NO EVENT IS ERIEBIDS LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ERIEBIDS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ERIEBIDS ON A SPECIFIC PROJECT, REGARDLESS OF THE BASIS OR FORM OF CLAIM.

6.3 Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ERIEBIDS SERVICES AND ERIEBIDS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ERIEBIDS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Arbitration and Governing Law. The exclusive means of resolving any dispute between you and ErieBids or any claim made by you or ErieBids arising out of or relating to your use of this website and/or ErieBidss services (including any alleged breach of this Agreement) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that ErieBids has the right to bring an individual claim against you in a small-claims court of competent jurisdiction. You may not under any circumstances commence or maintain against ErieBids any class action, class arbitration, or other representative action or proceeding.

NOTICE OF RIGHTS

By using the website and/or ErieBidss services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ErieBids (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against ErieBids (except for small-claims court actions) may be commenced only in the federal or state courts located in Erie, Pennsylvania. You hereby irrevocably consent to the jurisdiction of those courts for such purposes

This Agreement, and any dispute between you and ErieBids, shall be governed by the laws of the Commonwealth of Pennsylvania without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

8. Miscellaneous Terms.

8.1 Amendments. This Agreement, and the ErieBids Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the ErieBids website or which are otherwise communicated to you. The applicable ErieBids Fee Schedule can be referred to in this TERMS OF SERVICE document.

8.2 Right to Terminate by You. You may terminate this Agreement at any time by written notice to ErieBids, but you shall be obligated to pay for any Project which you accepted prior to ErieBids receiving your termination notice.

8.3 Right to Terminate by ErieBids. ErieBids, in its sole discretion, reserves the right to terminate this Agreement and your membership in the ErieBids network immediately at any time for any reason or no reason at all.

8.4 Continuing Obligations. If this Agreement is terminated, your agreements and obligations under this Agreement shall continue with respect to Sections 3(b), 5(b), 6, 7, 8.5, 8.6, and 8.7; and any Service Requests provided to you during the term of this Agreement and relationships you enter into or create from those Service Requests will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against ErieBids and any indemnification of ErieBids by you for such claims. Further, in the event this Agreement is terminated: (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the ErieBids Seal of Approval in any manner; and (ii) you agree to destroy any materials containing the ErieBids Seal of Approval. Upon any termination of this Agreement, you will no longer have access to the Service Requests pages of the ErieBids website.

8.5 Legal Action. If it is determined or suspected by ErieBids that you are misusing or attempting to misuse or circumvent the ErieBids services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, or any activities inconsistent with the services proposed to be offered by ErieBids, in addition to our right to immediately terminate this Agreement, ErieBids reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

8.6 No Refund. If this Agreement is terminated by you or by ErieBids, you shall not be entitled to any refund of any fees paid to ErieBids.

8.7 Costs of Collection. You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the Commonwealth of Pennsylvania (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Erie, Pennsylvania are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the ErieBids website and/or Services, and you submit to sole and exclusive jurisdiction in the Commonwealth of Pennsylvania, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.

8.8 Independent Contractor. You understand and agree that you are an independent contractor of ErieBids, and are not a ErieBids employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. ErieBids does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a customer, except as specifically noted herein.

8.9 Invalidity. If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.