Thembid.com

LISTING POLICY

To promote a safe, fair and enjoyable experience, ThemBid.com has set rules and policies for listing items and/or services requested. These restrictions concern how a buyer describes items requested, and concern practices on ThemBid.com's site that would provide bidders with an unfair advantage or would result in a negative experience by users. Listings are those requests or solicitations for goods or services posted on ThemBid.com.

Users should learn about ThemBid.com's listing policies before creating a listing in order to avoid unintentionally breaking the rules.

Violations of the listing policy may result in a range of actions, including:

Cancellation of a user's listing;
Limits on a user's account privileges;
Suspension of a user's account; and
Forfeiture of fees on cancelled listings.

When policy violations occur, ThemBid.com emails the listing party, as well as bidders, that a listing has been ended. In addition to the Listing Policy, users should also review the rules for Prohibited and Restricted Items to insure that the listing is allowed or has additional restrictions that would affect the listing.

The following are the rules for listings:

Listings must not misrepresent items solicited.
1. Except as noted in the specific policy as exceptions, buyers cannot:
2. Create listings in inappropriate categories.
3. Misrepresent the location of services to be performed.
4. Have misleading titles that do not accurately describe the listing.
Listings cannot use techniques to avoid ThemBid.com fees.
1. Except as noted in the specific policy as exceptions, buyers cannot:
2. Allow bidders a choice of services.
3. Exceed multiple listing limits. Requestors may not concurrently have more than 20 listings for identical items. If a requestor chooses to list in more than one category, the requestors must still follow the multiple listings of 20. Requestors may not use multiple User IDs to list more than 20 identical items
4. Offer the opportunity to bidders through ThemBid.com to sell items or other merchandise outside ThemBid.com.
5. Use their profile page to promote sales or items outside ThemBid.com unless the appropriate upgraded profile has been purchased and is in good standing.
Listings must be fair and provide an enjoyable and safe experience for users. Except as noted in the specific policy as exceptions, users cannot:
1. Promote giveaways, drawings, raffles, prizes or other bonuses.
2. Use profanity in a listing except in media titles.
Listings that involve the following types of items or situations must conform to the listed limitations.

ThemBid.com encourages the solicitation and trading of jewelry, precious metals and loose beads on its website as long as the listings meet rules for disclosure of information designed to clarify the item and improve the trading experience for members.

Diamonds, Gemstones and Loose Beads

the word "diamond" can be used without qualification (standing alone or by itself) in jewelry listings only to describe a natural mineral consisting essentially of pure carbon, crystallized in the isometric system with the following: 1) A hardness of 10; 2) Specific gravity of approximately 3.52; and 3) A refractive index of 2.42.

When listing a laboratory-grown stone that has the same mineral composition as a naturally mined diamond, the word "diamond", whenever it appears (in the item title and description), may only be used if the word is immediately preceded or followed by any one of the following eight terms, spelled out in its entirety and in equal visibility: "created," "lab-created," "man-made," "synthetic, "manufactured," "laboratory-grown," or "laboratory-created.

Listings for a Cubic Zirconium stone may use the word "diamond" in the item title or description only if the word is immediately preceded or followed by the words "simulated" or "imitation", spelled out in full. Requestors must also include (in the item description in equal visibility to any other terms) the words "Cubic Zirconia" or "CZ." These items may only be listed under the Cubic Zirconia or Other categories, not in the Diamond categories.

To list any imitation diamond stone that does not fall into one of the descriptions above, Requestors may use the word "diamond" in the item title or description only if the word is immediately preceded or followed by the words "simulated" or "imitation", spelled out in full. Requestors must also include in the item description in equal visibility to any other wording the composition of the item. Examples include "plastic," "glass," "Moissanite," "rhinestone," "Strontium Titanate," "quartz," and so on. These items may only be listed in categories especially designated for them and not in the Diamond categories.

The names of other stones or gems, such as "opal, "ruby," "pearl," etc. must be qualified if the mineral composition of the item differs from the natural mineral. Additionally, when listing such items, Requestors may use the stone name or "pearl" in the item title or description only if the stone name or "pearl" is immediately preceded or followed by the words "simulated" or "imitation", spelled out in full. Requestors must also include in the item description in equal visibility to any other wording the composition of the item, for example, "plastic," "glass," "quartz," etc. These items may only be listed in categories especially designated for them (such as Imitation Pearl) and not in the Opal, Ruby, Pearl, etc. categories.

Requestors of loose beads, who use a gemstone name to describe the bead's color, are required to further qualify the item by using at least one of the following in the item title: the word "bead", the name of the material ("crystal" or "glass", etc.) or the word "color."
If Requestors do not know an item's composition, it is strongly recommended that they learn this information before listing the item in order to avoid misleading potential buyers. Items without this information should be listed in categories designated for those materials, but never in the category for the natural diamonds, gemstones or pearls.

Gold

The terms "gold-plated," "gold-filled," "gold-electroplated," "gold overlay," and "rolled-gold" may be used as long as the alloy used for the plating is greater than or equal to 10kt gold. Requestors must spell out the qualifier - such as "plated" -- throughout the body of the description wherever the word "gold" is used.

The term "gold vermeil" may be used as long as the item consists of a base of sterling silver coated or plated on all significant surfaces with gold, or a gold alloy of at least 10kt fineness, and substantial thickness and minimum thickness throughout equivalent to two and one half (2.5) microns (or approximately 100/1,000,000ths of an inch) of fine gold. Requestors must spell out the qualifier "vermeil" throughout the body of the description wherever the word "gold" is used.

Requestors are permitted to describe an item that is gold or silver in color as "gold-tone" or "silver-tone" in the item title (with or without hyphen is permitted) and throughout the description. Requestors may not use the word "golden."

Items that are not solid gold cannot be listed in categories for solid gold, but should be listed in the "Gold, Plate/Fill" categories.

PROHIBITED AND RESTRICTED LISTINGS

Before a buyer creates a listing, he or she needs to find out if the listing is allowed on ThemBid.com and if the type of listing is subject to certain restrictions to avoid issues with the listing. Users are ultimately responsible for making sure that the listing is legal.

Violations of these policies may result in the following:

Cancellation of a listing;
Limitations of account privileges;
Suspension of a user's account; and
Forfeiture of fees on cancelled listings.

When policy violations occur, ThemBid.com emails the listing party and bidders that a listing has been ended. You may contact ThemBid.com to report violations by using the "Contact Us" links found on most policy pages.

Understanding the rules about prohibited and restricted listings

Policies about listing items are often based on country and state laws. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law.
If selling across borders, be aware of international trading and import restrictions. Certain items may be legal in your country, but may be illegal elsewhere.
It is important for users to review the Rules for Listings to determine if the listing has additional restrictions.

Prohibited and Restricted Items Listings:

Alcohol (ThemBid.com does not permit the sale of alcoholic beverages on its website);
Animals and Wildlife Products (examples include live animals, mounted specimens, and ivory);
Art (ThemBid.com allows the lawful sale of art on its website; however, ThemBid.com requires that users listing art for sale abide by the following rules;
1. Users agree not to knowingly sell, exhibit, trade, produce, or advertise any unauthorized copy or reproduction of any work of art;
2. Users agree that a reproduction (in the form of a poster, print, or exact replica painting) is authorized only if it does not violate any applicable laws, copyrights, or trademarks;
3. Users agree to identify replicas with the words "Reproduction" or "Repro";
4. Users agree not to disclaim knowledge of, or responsibility for, the authenticity or legality of an item that they describe as genuine. Users further agree not to describe or market any item as genuine if they cannot provide reasonable evidence to prove its authenticity;
5. Users agree to fully disclose any information concerning alterations, conservation, or repairs performed on the work of art in a clear and prominent manner;
6. Users agree not to knowingly participate in any way in the advertisement or sale of any work of art using any deceptive practices; and
7. Users agree to abide by all laws relating to the sale of works of art and to assist in the prosecution of violators of the law in this respect.
Artifacts - Artifacts, cave formations (speleothems, stalactites, and stalagmites) and grave-related items that are protected under federal laws, such as The Federal Cave Resources Protection Act of 1988, and the Native American Grave Protection and Repatriation Act are not permitted on ThemBid.com;
Catalytic Converters and Test Pipes (the sale of catalytic converters on ThemBid.com is permitted with the exception of those prohibited by the US Government related to the sale of aftermarket catalytic converters and those in violation of any regulations of the Environmental Protection Agency);
Contracts (Requestors should avoid listing an item which the requestor is not permitted to sell due to contractual obligations entered into with a third party. Prior to listing items, requestors should carefully read any contract they have entered into that might prohibit or limit their rights to sell the items);
Cosmetics (used);
Counterfeit Currency and Stamps and/or Items Used to Make Them;
Credit Cards;
Drugs and Drug Paraphernalia (narcotics, steroids or other controlled substances may not be listed on ThemBid.com. Drug paraphernalia may not be listed on ThemBid.com. Such paraphernalia includes all items that are primarily intended or designed for use in manufacturing, concealing or using a controlled substance);
Electronics Equipment (certain electronics equipment, including equipment deemed unlawful by the Federal Communications Commission (FCC), is not permitted on ThemBid.com. Examples include cable TV de-scramblers, radar scanners, and traffic signal control devices);
Electronic Surveillance Equipment (ThemBid.com does not permit the sale of products that are designed primarily to record the private oral, wire or electronic conversations of others without their knowledge or permission. These transmitting devices are illegal to possess or sell under Title 18, United States Code Section 2512, and their use also violates the law in many states. Examples include wiretapping devices and telephone bugging devices);
Embargoed Goods and Prohibited Countries (various U.S. agencies have sanctions in place that substantially regulate or ban all trade with particular countries (including Cuba, Iran, Iraq, Libya, North Korea and other countries. Federal agencies have also banned or regulated trade between U.S. persons and certain organizations, businesses and other persons. Therefore, ThemBid.com does not permit the sale of embargoed items from, with or to those countries, organizations, businesses or persons);
Event Tickets (ThemBid.com permits resale of tickets to entertainment events, including sporting events, concerts, and plays, to the fullest extent permitted by law. Ticket sellers are responsible for ensuring that transactions do not violate any applicable federal or state law);
Firearms, Weapons, and Knives - examples include pepper spray, replicas and stun guns. ThemBid.com prohibits members from creating listings for firearms, including antique, collectible, and sport & hunting firearms as well as ammunition. This includes, but is not limited to:
1. Assault weapon-related parts or accessories. This prohibition applies to all parts and accessories related to any firearm defined as an "assault weapon" by federal or California law;
2. Firearm receivers or frames, whether complete receivers and frames, components and parts of receivers and frames, or "cut" or "80%" receivers;
3. Parts or accessories prohibited for sale by federal or California law, including items related to short-barreled shotguns or short-barreled rifles, fully automatic weapons, large-capacity magazines, multi-burst trigger activators and camouflaging firearm containers; and
4. Any of the following firearms-related items: silencers, converters (items that can be used to give a firearm automatic capability), kits that can be used to create a firearm, potato guns and cannons, flares, flare launchers, flare guns, flare gun receivers, short barrels and any illegal firearm-related items.
Food - The sale of food is regulated by the federal government and most state governments. Requestors who list food and food-related products should familiarize themselves with these laws before listing such items, including regulations regarding listing ingredients, state licensure, import/export laws, and expiration dates The following are Prohibited Food Items:
1. Listings containing drug claims-that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements);
2. Non-pasteurized dairy products;
3. Fruit and vegetable juice products that have not been heat pasteurized;
4. Wild mushrooms;
5. Expired military MREs (meals ready-to-eat), unless the MRE is considered a collectible item and is not intended for consumption (and the listing states the MRE is not intended for consumption); and
6. Perishable items.
Government and Transit Documents (any official internal, non-public documents, manuals, or other materials related to mass commercial public transportation, including internal manuals put out by commercial airlines, or entities operating subways, trains, or buses are not permitted);
Government and Transit Uniforms (any article of clothing, identification or other items related to transportation security or employment with any transportation related industry is not permitted);
Government Identification and Licenses (government IDs and licenses, or items that claim to be, or that look similar to, government identification documents are not permitted);
Hazardous, Restricted and Perishable Items (examples include batteries, fireworks, and Freon);
Human Parts and Remains (humans, the human body, or any human body parts are not permitted for sale on ThemBid.com. Items that contain human hair (such as lockets) as well as skulls and skeletons that are used for medical purposes may be listed. ThemBid.com does not permit the sale of Native American skulls, bones or other Native American grave-related items, as the sale of such items may violate federal law);
Importation of Goods into the United States (users importing goods into the United States from another country, either by selling or buying items listed on ThemBid.com, are responsible for ensuring that the importation of that type of product complies with applicable U.S. laws. These laws often are complex, and issues will vary depending upon exactly what item is involved and the countries in which the buyer and seller reside. Some examples include certain CDs, certain videos, Pokemon toys that were intended only for sale in Japan, certain copyrighted items, certain trademarked items, certain patented items, etc.);
International Trading (ThemBid.com requires that listings and transactions comply with the laws of the countries where both the seller and the high bidder reside. Users are responsible for ensuring that their transactions are lawful in both countries);
Items Encouraging Illegal Activity (ThemBid.com prohibits the sale of items or links to items that encourage, promote, facilitate or instruct others to engage in illegal activity. In addition, ThemBid.com may remove listings as requested by law enforcement to cooperate with any investigation or to prevent harm to ThemBid.com or its users. Examples include books describing how to create methamphetamine, how to hijack an airplane, etc.);
Lottery Tickets;
Mailing Lists and Personal Information;
Manufacturer's Coupons;
Mature Audiences (materials adult in nature or otherwise not appropriate for minors (individuals under 18 years of age) may not be listed except in the adult section;
Medical Devices (examples include contact lenses, pacemakers, and surgical instruments);
Multi-level Marketing, Pyramid Schemes and Matrix Programs;
Offensive Material (requestors may not list items that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations with such views. Examples include ethnically or racially offensive material and Nazi memorabilia);
Pesticides;
Police related items (ThemBid.com does not permit the listing of law enforcement badges or official law enforcement equipment from any public entity, including badges issued by the government of any country. This prohibition extends to police badges, police uniforms, and official equipment from federal, state or local law enforcement agencies of the United States);
Postage Meters;
Prescription Drugs;
Prohibited or Illegal Services (requestors are not permitted to offer or solicit services on ThemBid.com's site that are illegal, sexual in nature or that violate ThemBid.com's User Agreement. These services include but are not limited to the following: A listing offering a "virtual" relationship; any service that offers, suggests, or in any way conveys an intimate service contact, including dates, escorts or other such services. ThemBid.com alone will exercise its judgment in deciding which listings are not permissible.
Real Estate;
Recalled Items;
Slot Machines;
Stocks and other Securities;
Stolen Property and Property with Serial Numbers Removed;
Tobacco;
Transit and Shipping Related Items - examples include blueprints of transit facilities, airplane operations manuals, and flight attendants' uniforms;
Plants, Weeds and Seeds; and
Wine (see also Alcohol).

ThemBid.com OUTAGE POLICY

ThemBid.com's highest priority is its members' success. However, ThemBid.com may occasionally experience outages during which its members cannot place bids on items or search its listing. When outages occur that are at least one hour in duration, ThemBid.com offers this Outage Policy to compensate for member inconvenience.

The following are specifics types of outages and ThemBid.com's response to each:

Search outage of one or more hours: As a sole remedy, in the event of a search outage of one or more hours, ThemBid.com automatically reverses all transactions for affected listings. The following listings will be eligible for reversal:
1. Any listing scheduled to end during the outage; and
2. Any listing scheduled to end in the hour after the end of the outage. Unlike ThemBid.com's policy for hard outages of two hours or more, listings will not be extended.
Hard outage of more than one but less than three hours: As a sole remedy, in the event of a hard outage of more than one but less than three hours, ThemBid.com automatically reverses all transactions for affected listings. The following listings will be eligible for reversal:
1. Any listing scheduled to end during the outage; and
2. Any listing scheduled to end in the hour after the end of the outage. Unlike our policy for hard outages of three hours or more, listings will not be extended.
Hard outage of three hours or more: In the event of a hard outage of three hours or more, ThemBid.com automatically extends listings for 24 hours. ThemBid.com also automatically credits all associated fees for affected listings. The following listings will be eligible for extension and reversal:
1. Any listing scheduled to end during the outage;
2. Any listing scheduled to end in the hour after the end of the outage; and
3. Listings that end prior to an outage will not be extended.
Search Outage: A search outage occurs when items are not accessible by using the Search function as a result of unscheduled system downtime.
Hard Outage: A hard outage occurs when no one can bid or buy (specifically pages are inaccessible and/or bidding functionality is not available) as a result of unscheduled system downtime. At our discretion, ThemBid.com may consider two outages that occur very closely to one another to be one hard outage when extending listings.
When listings are extended: Following a hard outage of three or more hours, ThemBid.com will extend the end times for all eligible listings by 24 hours. This prevents bidding on these listings while the end times are being reset. After the listing end times have been reset, ThemBid.com updates search and listing indexes. Until these index updates are completed, these listings will be unavailable via search or listings. This re-indexing can take a few hours. There are many events, from natural disasters to power outages that can disrupt bidding and searching on ThemBid.com. When a lengthy outage occurs and the cause was under ThemBid.com's direct control, sellers will not incur any ThemBid.com fees for those listings that were most affected.

REAL ESTATE POLICY

To meet the needs protection of our users while accommodating the wide variety of laws governing the sale of real estate both in the United States and worldwide, ThemBid.com offers advertisements of real estate in a variety of forms. This Real Estate Policy explains these forms, clarifies ThemBid.com's limited role as a publisher of advertising and the provider of a venue for the advertising, and outline certain limitations on ThemBid.com's obligations and liabilities. Any user's utilization of ThemBid.com's real estate advertising confirms the user's agreement to these rules.

ThemBid.com wants to ensure that sellers and buyers comply with all governmental laws and regulations. Since the sale of real estate is stringently regulated, or may cause harm to ThemBid.com and/or its users, the sale of real estate on ThemBid.com is restricted.

Selling or seeking an undivided interest in land real estate property is not permitted. An undivided interest is defined as a partial interest by two or more people in the same property. This prohibition shall not apply to mineral rights.

Violations of this policy may result in a range of actions, including:

Listing cancellation;
Limits on account privileges;
Account suspension; and
Forfeit of ThemBid.com fees on cancelled listings

Auction-Style Format Items

Due to the wide variety of laws governing the sale of real estate, Thembid auction-style advertisements of real property do not involve legally binding offers to buy and sell. Instead, Thembid's auctions are simply a way for buyers to advertise real estate that they may desire to purchase and meet potential sellers. Thembid is not a traditional "auctioneer" of real property. Thembid is not involved in the actual transaction between potential buyers and sellers and, as a result, has no control over the quality, safety or legality of any real properties advertised, the truth or accuracy of postings, the ability of sellers to sell the real property or the ability of buyers to buy real property. Thembid cannot ensure that a buyer or seller will actually complete a transaction.

The auction-style form of advertisements for the purchase of real estate is designed to assist the parties in identifying the most interested potential seller(s). The listings do not result in binding agreements to buy and/or sell real estate. Instead the listings do allow potential buyers and sellers to use Thembid as a venue to determine who may be most interested in the property. In this format, potential sellers are asked not to bid unless they intend to complete the sale of the property, subject to customary diligence and contingencies. Following the close of the auction-style bidding, the sellers and buyers are expected to contact each other to prepare and deliver the appropriate paperwork to buy and sell the property, and to take such other actions as may be required by local laws. As noted below, Thembid cannot give legal advice to buyers or sellers, and users should seek professional advice when selling or buying real estate. Depending on the real property, sellers may be required to deliver to buyers a disclosure statement prior to a purchase, and in all cases buyers should conduct their own due diligence related to property inspection, title review, building code compliance, termite inspection, flood plain, hazardous materials and other local issues within the expertise of an expert. While Thembid cannot guarantee consummation of the sale by either seller or potential buyers, our rules require buyers and top-bidding potential sellers to follow through in good faith.

If you elect to use the "auction-style" advertisement for certain kinds of real estate, you will be charged a "Notice Fee" when the auction-style advertisement is over. This fee applies whether or not the real estate sale is completed. You will not be charged a "final value fee" tied to the sale of the real estate.

Private Mortgage Notes

Within the Thembid pages, ThemBid.com sellers are permitted to advertise their interest in purchasing certain money notes and mortgages (referred to in these rules as "mortgage notes"). These mortgage notes are created when, in a real estate transaction preceding the offer of the mortgage note on the Thembid site, a purchaser of certain real estate obtains financing for all or a portion of a property from the seller, and executes a note in favor of the seller secured by a mortgage on the real property being purchased. Interest in purchasing these types of mortgage notes may be advertised on Thembid (in either the Auction format or Classified Ad format) if the following requirements are satisfied:

The mortgage note to be purchased must have arisen in connection with a bona fide real estate transaction;
The interest offered to a buyer constitutes the entire indebtedness under the note;
The purchaser will receive the mortgage note by unconditional endorsement, without recourse, together with a full assignment of the mortgage securing the note, both of which the purchaser will hold until satisfaction of the note;
The mortgage note is purchased without any interposed services or other enhancements to be provided by the seller; and,
The sale of the mortgage note complies with all applicable law.

Real Estate Licensees

Sellers who are licensed as an agent, broker, or other licensed real estate professional must ensure that their item description offered to buyers conforms to all laws and regulations applicable to online advertising of properties by such licensees. These requirements may include, among other things, disclosure of the licensee's name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed.

Trading Assistants

A user may offer to purchase or sell real estate for a third-party unless the user is a licensed real estate professional.

Professional Assistance

The purchase and sale of real estate is a complicated matter that is governed by laws, practices and customs that vary significantly from locality to locality. Sellers are advised that many jurisdictions require that you provide a disclosure statement to all prospective buyers regarding the condition of your property. In addition, under U.S. federal law, sellers have an obligation to disclose information on lead-based paint hazards. Members are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and sale of any real estate.

Thembid's Role as a Venue Provider / Brokerage Relationship (Agency) Disclosure

The role of Thembid in the sale of properties is limited to publishing advertising provided by potential buyers and providing a venue for communications about a property. Thembid is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a "multiple listing service" as that term is traditionally used. Thembid does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a fiduciary position of trust and confidence, whether or not in connection with the ThemBid.com website. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Thembid and any seller or buyer of real estate. Thembid makes no representations about properties, about the potential buyers or sellers of such properties, about the accuracy of information provided by such sellers, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and/or real estate attorney. Thembid does not purport to broker transactions.

Relationship to ThemBid.com's User Agreement

With respect to real estate items, if these Real Estate Rules conflict with ThemBid.com's User Agreement, these rules apply.

CONSTRUCTION AND OTHER SERVICES POLICY

To meet the protection needs of our users while accommodating the variety of laws governing providing construction and other services, ThemBid.com offers advertisements of services needed in two forms.

First, this Services Policy explains these forms, clarifies ThemBid.com's limited role as a publisher of advertising and the provider of a venue for the advertising, and outlines certain limitations on ThemBid.com's obligations and liabilities. Any user's utilization of ThemBid.com's services advertising confirms the user's agreement to abide by these rules.

Second, ThemBid.com wants to ensure that potential service providers ("Service Providers") and buyers of those services ("Buyers") comply with all governmental laws and regulations. Since providing construction and other services is regulated, or may cause harm to ThemBid.com and/or its users, providing construction services and other services is restricted.

Advertising for construction and other services is governed by this policy. Violations of this policy may result in a range of actions, including:

Listing or advertisement cancellation;
Limits on account privileges;
Account suspension; and
Forfeit of ThemBid.com fees on cancelled listings and/or advertisements.

Auction-Style Format Items

Due to the variety of laws governing construction and other services, ThemBid.com's auction-style advertisements for these services does not involve legally binding offers to provide or pay for these services. Instead, ThemBid.com's auctions are merely a way for users to advertise services that they may desire to provide other users. ThemBid.com is not a traditional "auctioneer" of services. ThemBid.com is not involved in the actual transaction between potential Service Providers and those users desiring to engage other users to perform services and, as a result, has no control over the quality, safety or legality of any services advertised, the truth or accuracy of postings, the ability of users to provide the advertised services, the ability of users pay for advertised services, or the licensing of any users providing services. ThemBid.com cannot ensure that a Service Provider will actually perform any services or the quality of the services performed.

The auction-style form of advertisements for providing services is designed to assist the parties in identifying the most interested potential Service Provider. The listings do not result in binding agreements for services. Instead the listings allow potential Service Providers and Buyers to use ThemBid.com as a venue to determine who may be most interested in providing services. In this format, potential Service Providers are asked not to bid unless they intend to provide the advertised services, subject to the particular industry's standards. Following the close of the auction-style bidding, the users are expected to contact each other to prepare and deliver the appropriate paperwork related to the service to be provided, and to abide by other actions as may be required by local laws, including but not limited to possessing appropriate licenses, obtaining appropriate building permits, etc. As noted below, ThemBid.com cannot give legal advice to users, and users should obtain any necessary professional advice when agreeing to contract for or provide services. While ThemBid.com cannot guarantee consummation of any service contract a user may enter, our rules require Buyers and Service Providers to follow through in good faith.

If you elect to use the "auction-style" advertisement for certain kinds of services, you will be charged a "Notice Fee" when the auction-style advertisement is over. This fee applies whether or not the related services were provided.

Classified Ad Listings

ThemBid.com also offers prospective Service Providers and Buyers the option of advertising for services in a Classified Ad format rather than an auction format. The Services Classified Ad format has the following features:

You can list the price you are willing to pay for a service and no bidding takes place.
Interested Service Providers fill out a contact form and their information is sent to you.
You can advertise for potential services for 14 days.
You may revise your service request at any time in the advertisement duration.
When contact information is forwarded to potential Buyers via email, Buyers are obligated to treat the potential Service Providers' contact information in full compliance with ThemBid.com Privacy Policy. The Privacy Policy prohibits use of the potential Service Providers' information for any purpose other than communicating with the potential Service Providers about the information referenced in the services advertisement, unless expressly permitted to do so. Failure to comply with this policy can result in Buyer expulsion from the ThemBid.com site. Once Buyers and Service Providers make contact through these listings, they can, as noted above, then proceed to discuss, off the website, service terms, including price, specific services required, and the like, as is customary in any offline services transaction.

Service Licensees

Service Providers who are licensed as a contractor, plumber, electrician, or other licensed professional must ensure that their service offered to Buyers conforms to all laws and regulations applicable to advertising of such services by such licensees. These requirements may include, among other things, disclosure of the licensee's name, any company with which the licensee is affiliated, office location, the jurisdiction(s) where the licensee is licensed, and license number.

ThemBid.com's Role as a Venue Provider/Brokerage Relationship (Agency) Disclosure

The role of ThemBid.com in the procurement of Service Providers is limited to publishing advertising provided by potential Buyers of those services and providing a venue for communications about the service. ThemBid.com does not counsel Service Providers or Buyers, ensure a Service Providers' licensing, ensure or guarantee that a Service Provider can perform services, ensure that a Service Provider will be compensated, negotiate contracts, or hold a fiduciary position of trust and confidence, whether or not in connection with the ThemBid.com website. Accordingly, no agency or fiduciary relationship is intended to be or shall be deemed to have been created between ThemBid.com and any Service Provider or Buyer of a service. ThemBid.com makes no representations about Service Providers or Buyers of said services, the accuracy of information provided by such Service Providers, or the financial capabilities of prospective service Buyers. Prospective service Buyers are advised to perform all due diligence before entering into a contract for services, and, as emphasized above, all parties are encouraged to seek the help and advice of professionals, as appropriate.

Relationship to ThemBid.com's User Agreement

With respect to construction and other services to be provided, if these Rules conflict with ThemBid.com's User Agreement, these rules apply.