bidAtlanta
Referral
Service
Terms and Conditions
This agreement describes the
terms and conditions that apply to you herein
referred to as "Subscriber" use of our referral service herein
referred to as "bidAtlanta".
By submitting a bid
request form online you, the "Subscriber" accept the terms
and conditions listed, that you confirm that you are 18 years
of age or older, and capable of entering into a binding legal
agreement, and that you will accurately complete any
"Subscriber" information or request that is submitted to
us.
"bidAtlanta" is involved
with the matching of the "Subscriber" with
"Contractor(s)" whom "bidAtlanta"
determines to be a match to the bid request by
the "Subscriber", within the online bid request
form.
General
Disclaimer
In using the "bidAtlanta"
referral service, you acknowledge and agree that
"bidAtlanta" is not acting as your general contractor, advisor,
or agent . Therefore, it is your exclusive and
sole responsibility to select
a "Contractor(s)" and to
negotiate the terms and fees for any work
performed.
"bidAtlanta" does
not recommend or endorse any
specific "Contractor(s)", provide advice on which
"Contractor(s)" to select, or pre-screen any individual
"Contractor(s)" credit or legal standing.
We do not guarantee that we
can match your service needs with a "Contractor(s)" or that
there will be a "Contractor(s)" in your area that is
capable or willing to complete your service needs. Although
we examine the credentials of our "Contractor(s)", we
make no guarantees or representations regarding the application
or installation skills of such "Contractor(s)" or the quality
of the work that they may perform for you, if you elect to
retain their services. It is up to you to enter into a contract
or agreement with a "Contractor(s)", and we do not guarantee or
warrant their performance on the job or the outcome or quality
of the work performed. Your rights under legal contracts
you make with "Contractor(s)" typically are governed by the
state of GA and local laws. Should you have a dispute with any
"Contractor(s)", you must address the dispute to the
"Contractor(s)" directly, and you hereby agree to release
"bidAtlanta" (and our employees and agents) and any other
person, firm, or entity from any consequential and
incidental damages or claims arising out of or in any
way connected with the dispute and your dealings with
"Contractor(s)".
"bidAtlanta" relies on data
provided by statements made by "Contractor(s)" and their
references to determine which "Contractor(s)" to include in our
database. Due to the inherent time delays in the data
aggregation, pending actions or other unknown issues affecting
a "Contractor(s)", records may
have occurred which were not captured by the data sources used.
"bidAtlanta" does not guarantee that any "Contractor(s)" has
licensing or insurance coverage at the time you enter into a
contract or agreement with the "Contractor(s)" and makes
no representation as to the adequacy of any licensing or
insurance coverage. The existence of an insurance or licensing
certificate or binder does not guarantee that the
insurance is in effect, as the "Contractor(s)" may cancel the
insurance without "bidAtlanta" knowledge. Unless otherwise
specifically stated, "bidAtlanta" does not endorse any product
or service described in, offered on, or linked to the
"bidAtlanta" website.
Changes to the Service or
Terms
"bidAtlanta" may without
notice, change, add or remove certain features of our service
or change the terms of this Agreement.
Limitations of
"bidAtlanta" Liability
Release
"bidAtlanta" is not liable
for damages of any nature arising from or relating to your use
of our service. "bidAtlanta" total cumulative liability to
you and anyone who uses our service for any and all claims
under any theory of law to include negligence, will not exceed
$50 or the aggregate amount you paid to "bidAtlanta" in the
preceding 6 months, whichever is greater. Some states or
jurisdictions do not allow the exclusion or limitation of
certain types of liability. Therefore, the above limitations of
liability may not apply to you to that extent, and nothing in
this section should be construed as excluding or limiting
"bidAtlanta" liability beyond what is permissible under
applicable law. You agree not to hold "bidAtlanta" responsible
for any damages or other liabilities arising from work
performed by any "Contractor(s)". Because "bidAtlanta" is not
and cannot be involved in your agreements with
"Contractor(s)" or control whether or not "Contractor(s)" will
complete any work as agreed, in the event that you have a
dispute with one or more "Contractor(s)", you release
"bidAtlanta" (and our agents and employees) from any and all
claims, demands, and actual and consequential damages of
every kind or in any way connected with such
disputes.
Disputes
You agree that, unless
otherwise prohibited by law, all disputes, claims, or causes of
action, in law or equity, arising from or relating to this
Agreement or its enforcement, performance, breach, or
interpretation shall be resolved solely and exclusively by
confidential final and binding arbitration in Cherokee
County, Georgia. Any such controversy or claim shall be
arbitrated on an individual basis and shall not be consolidated
in any arbitration with any claim or controversy of any other
party. Judgment on the arbitration award may be entered into
any court having jurisdiction thereof. You agree that any claim
or cause of action arising out of or related to use of
"bidAtlanta" referral services or the Terms and Conditions must
be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Miscellaneous
You agree that "bidAtlanta",
it's member "Contractor(s)", may use your contact information,
including your email address to contact you regarding this
project. If you have previously opted out of our email list,
submitting this form will opt you back in. If at anytime you
wish to be removed from our follow up, you may contact us
at customerservice@bidatlanta.com
and request to opt-out of future
emails and/or other communications.
You agree that this
Agreement will be governed by the laws of the state of Georgia,
in the same manner and to the same extent that such laws apply
to agreements between Georgia residents performed entirely
within Georgia. If any provision of this Agreement is invalid
or unenforceable under applicable law, such provision will be
deemed modified to the extent necessary to render such
provision valid and enforceable and the other provisions of
this Agreement will remain in full force and effect. This
document and the pages referred to herein represent the entire
agreement governing your use of the service and supersede any
prior or contemporaneous written or oral statements by
"bidAtlanta" or its representatives or resellers.
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