Service Information

1. Who is eligible?

By using DonkeyBid's services, you acknowledge your acceptance of these terms and conditions and confirm that you are 18 years of age or older, and that you are willing and capable of entering into a binding agreement. Also, by using DonkeyBid's service you are acknowledging that all information you submit is truthful and as accurate as possible.

2. General Disclaimer

By using the services offered at DonkeyBid.com, you are aware that DonkeyBid is not acting as your contractor, advisor, or agent. It is your individual responsibility to consult, select and negotiate all terms for any work that is performed. Any related expert advice, including insurance and legal, you wish to seek regarding contracts, permits, etc. is solely at your discretion and is your own responsibility. Furthermore, DonkeyBid does not endorse any particular service professional, screen his or her personal credit or legal standing, or recommend the use of services a contractor might offer.

DonkeyBid.com does not guarantee that we will be able to match your needs to a contractor or service provider, nor do we guarantee that there is anyone in your area who can fulfill your service needs. Additionally, we do not warrant the skills of service professionals, their ability to complete contracted labor, or the quality of work they provide. Although we take various measures to ensure we list superior service providers, it is ultimately up to you to negotiate with, enter into agreement, or dispute one of those providers. Your contractual rights are typically governed by local and state laws. Should a situation arise in which you dispute any service provider or the work they have done, you must only address the dispute to the service provider directly. You unconditionally agree to release DonkeyBid, its employees, business partners, and agents from any and all damages or claims. This includes connected disclosed, undisclosed, consequential, incidental, known and unknown damages and claims that may arise on or after your dealings with service professionals and their associates.

The licensing and insuring of service professionals and contractors is not guaranteed by DonkeyBid.com and it is your sole responsibility to ensure the accuracy of the information provided at the time you enter into an agreement with that person or persons. Proof of insurance or licensing does not warrant the validity of that certificate or evidence, as contractors may cancel insurance or fail to update licenses without the knowledge of DonkeyBid.com, its partners, or employees.

The data and references DonkeyBid.com collects from third parties and service providers is often in electronic form. This method of data collection enables us to screen the contractors we choose to include in our database; however, various factors (i.e. pending actions, time delays, human error, etc.) contributing to the accuracy of this data remain out of our control. DonkeyBid will not be held liable for incidentals in any way related to the reporting of inaccurate data by third parties or service professionals.

3. Disclaimer of Warranties

DonkeyBid.com and its partners, employees, or associates disclaim all warranties of any kind, whether express, implied, or statutory, regarding the service of contractors, or Third Party services. DonkeyBid.com has no control over third parties or the services they may provide. You understand that this lack of control will not allow DonkeyBid to warranty the service or in any way ensure that service providers will meet your time constraints, requirements, and specifications; furthermore, we do not imply that services will be secure, error-free, timely, continuous, or accurately portrayed by service professionals. DonkeyBid will not be held responsible for any information obtained from contractors or other Third Party sources. Information obtained through DonkeyBid.com must be used at your own discretion and risk; however, these exclusions are only valid as permitted under state law and other such jurisdictions.

4. Indemnity

As a condition of use of this Web site, you agree to indemnify DonkeyBid and its suppliers, participating contractors, or service professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of DonkeyBid.com services, including without limitation any claims contending facts that—if true—would constitute a breach by you of this agreement.

5. Account Usage

By using your DonkeyBid.com account or allowing others to use your account, you agree to comply with all applicable state or federal laws and regulations. You understand that our service should not, in any way, be used to impersonate any person or persons nor be used as a harassment device. DonkeyBid will not assume responsibility for the inappropriate usage of any accounts, and may choose to terminate user accounts at our sole discretion if this type of usage should occur. You are not permitted to reproduce, distribute, transmit (e.g. emailing, faxing, etc.), publish, or commercially exploit information obtained through DonkeyBid.com without our express consent.

6. Links to Third Parties

If, at any time, you are redirected or linked to a Third Party site, you understand that DonkeyBid.com is not responsible for information found at that destination and maintains no control over its contents. Furthermore, business or other transactions conducted at non-affiliated sites are not related to DonkeyBid.com and we hold no accountability for your actions or conduct while visiting these sites. DonkeyBid.com provides third party links for your expediency and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization..

7. Limitations

You agree that, unless otherwise dictated by law, DonkeyBid.com and its partners and suppliers will not be liable for damages related to your use of our service. DonkeyBid.com services, information and products are provided “as is” and are to be used at your own risk. By accepting these terms, you understand that DonkeyBid, associates and employees will not be held liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of DonkeyBid's services, including or otherwise arising out of the use of the web site, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if DonkeyBid and/or its associates had been advised of the possibility of damages. DonkeyBid.com's total liability to service users or Third Party services through your account, for any and all claims under any theory of law, will not exceed $150 or the aggregate amount you paid to DonkeyBid.com in the preceding 12 months, whichever is greater.

8. Dispute Resolutions

Any claim or controversy arising out of or relating to the use of DonkeyBid's services, or to any acts or omissions for which you may contend DonkeyBid is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Harris County, Texas. In any arbitration, the non-prevailing party shall absorb the costs arising from or relating to the action. All claims or controversies shall be arbitrated on an individual basis and will not be merged in any arbitration with any claim or controversy of any other party. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto. This agreement provides that all disputes between you and DonkeyBid will be resolved by binding arbitration. Consequently, you give up your right to go to court to aver or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury.

Miscellaneous Terms

You understand and agree that DonkeyBid and associates may contact you when necessary and will use the information you provide, including your email address as we see fit. Circumstances in which you will be contacted will most likely be in relation to the requested project or issues directly related to the project. If you wish to stop further communication, you may email us at customercare@DonkeyBid.com and request to opt-out of any future contact.

Although DonkeyBid has formed working relationships with services providers and other business partners, our company maintains a separate identity. You agree that these terms will be governed by state laws and will follow customary guidelines as dictated by the state of Texas

Donkeybid.com reserves the right to alter the aforementioned terms and conditions at any time and without consent. You understand that these rights include agreement changes, additions, and/or the removal of specific features or services.