Welcome to the web site at http://www.BidModo.com (the "Site"). This Site is owned and operated by BidModo, LLC ("we" or "us") and materials on the Site are primarily owned by or licensed to us. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other legal right between the third party and us.

We provide resources online for entities and individuals ("Customers" or "you") to find Vendors who provide services ("Vendors") that may be purchased by the Customers. By your use of the BidModo service or the Site in anyway, the following contract terms and conditions ("Terms") will apply to you and to us. If the address to the Site changes, these Terms will continue to apply.

Customers can begin using our service by entering your zip code and choosing a main category of services you seek. You will then be directed to complete a Job Request Form ("JRF") with information detailing the job you request and other pertinent information that may be needed for the request ("Job Details"), and identifying information about your business (the "Customer Information"). You submit the JRF to us to receive bids. We will confirm your email address and telephone number. You will then create a user name and password to access potential Vendors' information in your own password protected unique page (the "Profile Dashboard"). We will provide the Job Details portion of your JRF to all potential Vendors, but we will only provide your Customer Information to the Vendors who have purchased the right to bid on your job (the "Lead"). We will then post in your Profile Dashboard the profiles of up to five Vendors (the "Vendor Profiles") who have purchased your Lead. You will be contacted whenever a Vendor Profile is posted. The Vendors may contact you to make a bid or you can contact the Vendors of your choice and obtain bids for the services you seek. WE WILL NOT CHARGE YOU FOR ANY OF THESE SERVICES. We will try to always have a large network of Vendors to meet the various needs of our Customers, but we do not guarantee that every request can be met with Vendors qualified to provide the services requested. By submitting your JRF to us, you authorize us to provide the Job Details in your completed JRF to our Vendors that would like to provide the services you require and to provide your Customer Information to the Vendors who purchase your Lead.

We may amend the Terms at any time by posting the amended Terms on the Site. In addition, when using any of our particular services you agree to abide by any applicable rules posted on the Site, which may also change from time to time. If you object to any amendments of the Terms or guidelines, your only recourse is to immediately withdraw from the Bidmodo program and discontinue use of the Site.

You hereby represent that all information provided on your JRF, including your Customer Information, is current, correct and complete, and you agree to promptly notify us by email if any of your information changes while you have a JRF outstanding. To be sure your information is accurately and fully entered, you agree that it is your sole responsibility to review your JRF at the time you complete our forms. We do not ask for, and you should NOT include your social security number, employee identification number, driver's license number or your credit card number when you complete the JRF and provide Customer Information. Please see our Privacy Policy at http://www.BidModo.com. We reserve the right to reject or cancel any JRF for any reason.

You have the right to cancel your JRF at any time without cause. We reserve the right to reject any JRF if for any reason we believe a request is not legitimate, or it otherwise does not comply with the Terms or our rules.

We have contracts that prohibit the Vendors from reselling or otherwise transferring any information from your Job Details or Customer Information to any third party, or from publishing, emailing or otherwise disclosing your information for any purpose other than to provide the services that you requested in your Job Details. However, the Vendors are independent and we have no control of their actions, and we are not responsible if they misuse your information.

Using the Site, you shall not submit a JRF in any category of services that you are not actually looking to purchase, and may not use this Site to obtain pricing or other information on competitors.

In order to prevent misuse of the Site, we reserve the right to block any Customer's IP address from accessing the Site if any of the following conditions are met:

• A Customer generates a "Bad Lead" - All Vendors who have purchased a Lead reported that the Customer Information has invalid contact information.
• A Customer generates two "Unfulfilled Leads" – The Customer did not report to us either which Vendor was chosen or that no Vendor was chosen.
• A Customer makes repeated requests for jobs that we determine, in our sole discretion, are unfulfillable by any Vendor.

You may stop using the services on the Site at any time and for any reason.

We are not involved in any way in the transactions and interactions between you and any Vendors. Each Vendor is solely responsible for the services offered and provided to you. We act only as a facilitator to introduce you. You should perform the same due diligence, such as background checks and screening, that you would do anytime you contract with a Vendor. If you and any Vendor have a dispute for any reason, you agree that such dispute is with the Vendor, and you hereby indemnify, release and hold us harmless from any claims, damages, expenses, attorney's fees, and other losses that may arise relating in any way to such disputes. You further agree that you will not include us as a party in any action brought against a Vendor arising from services purchased as a result of your use of the Site.

You agree that you are solely responsible for all information or content that you transmit or post on the Site, or otherwise submit to us (together, the "Customer Provided Content"), whether publicly posted or privately transmitted. You represent and warrant that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being infringed or otherwise violated by your posting or transmitting any Customer Provided Content to the Site. We may, at any time, remove any Customer Provided Content at our sole discretion.

With respect to any Customer Provided Content, you grant us a perpetual, world-wide, royalty free, non-exclusive, sub-licensable license to copy, use, translate, alter, display, modify, perform, adapt, and publish such Customer Provided Content, in whole or in part, on the Site in any manner that we choose.

OUR SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO OUR SERVICES, THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER YOU NOR WE SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THIS AGREEMENT OR OUR SERVICES, WHETHER UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS WHETHER EITHER OF US HAD KNOWLEDGE THAT SUCH DAMAGES MAY OCCUR. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT. SOME STATES MAY NOT RECOGNIZE THE ENFORCEABILITY OF THIS PROVISION TO ITS FULLEST EXTENT. IN SUCH STATES, SUCH LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree that you will not post or otherwise publish information or other any content on the Site which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You agree that you will not use the Site for any purpose related to commercial solicitation, political campaigning, chain letters, mass mailings, or any form of spam. You agree that you will not use a false email address, impersonate any person or entity, or otherwise mislead as to your identity or other content. You agree that you will not post on the Site any links to any external Internet sites that are obscene or pornographic. You agree that you will not use the Site for any commercial purpose not expressly approved by us, nor will you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.

No persons under the age of 18 are eligible to use BidModo.com's services.

No part of the Site may be copied, downloaded, sold or otherwise exploited for any purpose without our express written consent. You may not use data mining, robots, or similar data gathering and extraction tools on the Site.

All trademarks, service marks, trade names, logos and graphics identifying us and our services (the "Marks") are owned by or licensed to us in the United States. The Marks shall not be used without our prior written consent. You shall not use any meta-tags, keyword buys or any other "hidden text" utilizing the Marks without our express written consent. All graphics, text, designs and other copyrightable content provided on the Site are owned by or licensed to us, and are protected by United States and international copyright laws. Nothing contained on the Site may be reproduced, transmitted or distributed without our prior written consent.

You represent and warrant that you own all of the rights to the content that you submit; that the content does not violate the copyrights or other rights of any third party; that the content will not cause injury to any person or entity; and that you will indemnify and defend us for all claims, damages, expenses, attorneys fees, and other losses that may arise relating in any way to content you supply.

We may contact you and provide you with a link to your Profile Dashboard asking you to click on the Vendor you have chosen or to click that no Vendor was chosen. If a Vendor was chosen, we will send you a form to rate your experience with the Vendor you chose through BidModo ("Vendor Ratings"). You agree to respond promptly to any requests to rate a Vendor. Vendor Ratings will be available to you and other Customers to assist Customers in making the best decisions when choosing future Vendors.

A Vendor may initially have up to three customers who were not obtained through the Site ("References") complete a Vendor Rating form to use for its ratings. Such References' ratings will be replaced with ratings from Customers of the Site as soon as those are available and the References' ratings will be marked as such. You acknowledge that the Vendor Ratings you use in choosing a Vendor are from Customers and/or References of that Vendor, and not us, and you agree that we are not responsible for the accuracy of any information contained in the Vendor Ratings.

You may receive e-newsletters and special promotions from BidModo, but you may elect to be removed from these communications at any time by following the link at the bottom of the communication.

These Terms (a) constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter; (b) shall survive any termination of the Terms as well as any other revisions, which by their terms or sense are intended to survive; (c) shall inure to the benefit of and be binding upon us and our heirs, successors and permitted assigns; (d) cannot be waived by failure to enforce any provision hereof, except in writing; (e) shall be construed according to the laws of the state of Texas, without giving effect to its conflict of laws provisions and (f) shall be construed as severable, so the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions of these Terms. Any legal proceeding filed regarding the breach, termination or interpretation of these Terms, or in any other way relating to these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located in Travis County, Texas. You hereby consent to personal jurisdiction in Travis County, Texas for this limited purpose.