Updated 5/5/2021
Welcome to BidTrue, an online offer submission service designed for real estate agents. The https://app.bidtrue.co and https://www.bidtrue.co websites, and any other website on which these Terms of Service appear (the "Websites"), and any software, mobile applications, products, devices or other services offered by BidTrue from time to time and other services offered through third parties integrating BidTrue functionality (collectively, "Services"), are made available by BidTrue, LLC. ("BidTrue"). You may access and utilize the Websites and Services only under the following terms and conditions ("Terms of Service").
These Terms of Service apply to all users of the Websites and Services. By using the Websites and Services you signify your acceptance of these Terms of Service and BidTrue's Privacy Notice which are incorporated by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Websites and Services.
To the extent that your use of the Services is governed by a Master Services Agreement, the Master Services Agreement shall control in the event of conflict with these terms.
Each time you use and access the Software and Services, you reaffirm your acceptance of the then-current Terms of Use and our Privacy Policy. If you do not wish to be bound by these Terms of Use and our Privacy Policy, you may discontinue using and accessing the Software and Services. If you do not agree with these Terms of Use, you must discontinue using the Software and Services.
As a user of the Websites and Services you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. BidTrue may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Websites and Services.
In order to obtain access to the non-public portions of the Software and Services, you must obtain a login name and password from BidTrue. You agree that you will be responsible for maintaining your login name and password as private, confidential and personal and you shall safeguard and maintain their confidentiality. You will be liable for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Software and Services. BidTrue is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.
You acknowledge and agree that BidTrue may terminate your login name and password and/or other access privileges and remove and discard any information you have posted, including but not limited to listings created, offers submitted, agents or brokers names and content information, property locations, and other materials (" Content") without notice to you for any reason, including without limitation, if (i) you do not use the Software and Services for what BidTrue, in its sole discretion, deems to be an extended period of time, (ii) BidTrue believes that you have violated any provision of this Agreement, and/or (iii) you have otherwise acted or failed to act in any manner that BidTrue deems objectionable. You agree that any termination of your access to the Software and Services shall not result in any liability or other obligation of BidTrue to you or any third party in connection with such termination.
You acknowledge and agree that BidTrue may send you SMS and text messages, email messages, call you and leave you telephone messages and send you "app" alerts. You agree BidTrue may share any of the foregoing information or any information you provide to it with real estate agents or their representatives so that those agents can send reports via email, SMS and text messages, phone, or "app" alerts. If you are a real estate agent, you agree you have obtained consent to send any information from any buyer or seller on behalf of whom you submit information. You agree to indemnify and hold BidTrue harmless from and against any failure to obtain that consent. You acknowledge and agree that the BidTrue Privacy Policy explains how BidTrue collects and uses information that is input into the Software and Services. You consent to BidTrue using all information, whether personal or otherwise, that is input or otherwise collected by BidTrue through the Software and Services.
To assure Software and Services compatibility, BidTrue may access, store, and utilize hardware and software information about your computer, including: (1) the type of computer and processor, (2) the operating system and version on your computer, (3) the available disk and memory storage space available, (4) the speed of the computer, and (5) the version of software components used by BidTrue, such as Microsoft .NET. No personal information is accessed, transmitted, or stored by BidTrue without the User's explicit consent.
Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to:
Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. BidTrue, the BidTrue logo, and all other BidTrue trademarks, service marks, product names, and trade names of BidTrue appearing on or in conjunction with the Websites and Services are owned by BidTrue. BidTrue does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on the Websites or the Services without BidTrue's prior written consent.
You may provide links to the Websites and Services, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on the Websites and Services and (ii) you discontinue providing links to the Websites and Services if requested by BidTrue.
By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on the Websites or Services (other than on https://app.bidtrue.com or on the mobile applications), you grant (or warrant that the owner of such rights has expressly granted) BidTrue a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against BidTrue for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to BidTrue.
You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and BidTrue.
You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
If you participate in interactive areas on the Websites or Services, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. BidTrue may delete your postings at any time for any reason without notification of or permission from you, however, BidTrue has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But BidTrue does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.
BidTrue does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. BidTrue does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. BidTrue may make improvements and/or changes to its features or functionality at any time.
Third-party content may appear on the Websites or Services or may be accessible via links from this Website. BidTrue will not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Websites or Services. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of BidTrue. Further, information and opinions provided by employees and agents of BidTrue in interactive areas of the Websites or Services are not necessarily endorsed by BidTrue and do not necessarily represent the beliefs and opinions of BidTrue. BidTrue, or other third-party users of the Websites or Services, may provide links to other websites or resources. BidTrue has no control over such sites and resources. You acknowledge and agree that BidTrue is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You acknowledge that use of any third-party website is governed by the terms of service and privacy policy for that website, which terms you are responsible for reading and reviewing, and not by these Terms of Service or BidTrue's Privacy Notice. You further acknowledge and agree that BidTrue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third-party site or resource. BidTrue reserves the right to disable any link or remove any third-party content at any time in its sole discretion.
THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. BIDTRUE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIDTRUE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, (E) YOUR USE OF THE WEBSITE OR SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR SERVICES.
BIDTRUE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. BIDTRUE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
You agree to indemnify, defend and hold BidTrue, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.
These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in Passaic County, New Jersey.
These Terms of Service incorporate by reference any notices contained on this Website, the Privacy Notice constitute the entire agreement with respect to access to and use of this Website. In the event there is conflict amongst the terms of the foregoing, these Terms of Service prevail. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
BidTrue may, in its sole discretion, modify or revise these Terms of Service, including without limitation BidTrue's Privacy Notice, at any time by posting the amended terms on the Websites or otherwise linking to them in the Services. BidTrue additionally will either (a) notify you via the email address you have associated with your account if you have registered with the Websites or Services, so you must ensure that BidTrue's email is not filtered from your Inbox by your ISP or email software, or (b) post a notice on the Websites and Services that the Terms of Services and/or Privacy Notice have been updated. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.