Terms and Conditions

The following are the terms and conditions for the use of PlanetBids services on your account login name. Please read them carefully. Access to or use of this site from territories where its contents are illegal is prohibited.

If you do not agree with any of these terms, do not use this site. This agreement (“Agreement”) is between PlanetBids, Inc. (“PlanetBids”) and you (the “User”). If you represent a company or other entity, you are warranting that you are authorized to enter into this Agreement on behalf of such an entity. PlanetBids may revise these terms of use of Services at any time without notice. You may terminate this Agreement at any time, subject to the completion of any transactions related to Bid Requests or Bids then outstanding, by providing notice to PlanetBids as provided in Section 7(a).

  1. PlanetBids Services – Upon acceptance of a User’s registration, PlanetBids shall provide to such User the Services, subject to the terms and conditions of this Agreement.
    1. “Services” shall include the following: 1) access to and use of the PlanetBids website, 2) access to the website and tools to process Bid notifications from potential Buyers, 3) processing and distributing Bid Requests to potential Suppliers within their selected categories, 4) subject to the limitations of electronic transmission, forwarding Bids from potential Suppliers to Buyer at the close of bidding, which close is determined as a date and time,
    2. PlanetBids may add new products and services or make improvements and/or amendments to the website at any time. Any and all relevant portions of these terms and conditions will automatically apply to all new products, services, improvements and/or amendments as they appear. PlanetBids does not guarantee that use of the Services will produce any sales leads, quotes, business opportunities or other information helpful to the business of User.
    3. PlanetBids does not warrant that Bid submittals or other transmissions of information have been completed until an email confirmation of the transmission has been issued by PlanetBids. It is the responsibility of the user to confirm all transmissions of information and the user hereby waives any claim against PlanetBids for bid transmissions, failures, or delays.
    4. Software, interface to and availability of the Internet and the related equipment by their nature, are not fault tolerant, but PlanetBids will use reasonable efforts to make the Services available 24 hours per day, 7 days per week, except for downtime for scheduled and unscheduled maintenance, and will promptly investigate any technical problems that User reports to PlanetBids.
    5. In no event, however, can more than one User utilize the Service under the same User name and password at the same time.
    6. PlanetBids is not responsible for the content and/or transactions conducted online through the services; it is a facilitation service only. Notwithstanding the foregoing, PlanetBids reserves the right to monitor content on the website and to remove content which PlanetBids, in its sole discretion, determines to be offensive, harmful or otherwise in violation of its operating policies and terminate access of the offending User.
  1. User Registration – Registered Bidders, Suppliers or Contractors (“Users”) of the PlanetBids Services, must be 18 years of age or older and must have submitted a completed PlanetBids registration form for the Services. By registering as a User, you represent and warrant (a) the information provided is current, complete and accurate, (b) that you are authorized to bind the registered entity, and (c) you will update the information (including credit card information, if applicable) as required to keep the registration information current, complete and accurate. PlanetBids may reject a submitted registration if it deems, in its sole discretion, such party not to be an appropriate user of the Services. Further, PlanetBids may, in its sole discretion, cancel or terminate access to a User it believes has willfully violated the User’s obligations described in this Agreement.
  1. User Responsibility –
    1. It is the responsibility of the user to assure that any transmission using the service is received by the intended recipient. User acknowledges that (1) PlanetBids does not own or control the User internet interface, the interface to the Buyer’s site, or connectivity to and from PlanetBids’ Services or the Internet, and (2) PlanetBids exercises no control over, and has no responsibility for, any content or data transmitted or maintained using the Services nor the information or material accessible upon, or actions taken on, the Buyer’s site or the Internet; and PlanetBids expressly disclaims any liability arising therefrom.
    2. It is also the responsibility of the user to verify on the list of all current bid supplemental information prior to bid submission. In other words, a final review of the data contained under the Bid Information, Line Items, Documents/Attachments, Addenda & emails, and Q&A tabs should be made immediately prior to Bid submittal. As a courtesy, PlanetBids provides email notification of such changes and supplemental information, but PlanetBids is not responsible for the failure, for any reason, of the User to receive such notices.
    3. Each User agrees to comply with all applicable laws, ordinances and regulations related to the use of Services and not make any unauthorized commercial use of the Services or of the PlanetBids name, marks or logos. Further, User agrees to not (a) transmit information under a false name; (b) post any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.
    4. In addition, User agrees to use the Service and the information obtained through the Services only as necessary to complete transaction contemplated by the Service.
    5. The services are provided “as is.” PlanetBids makes no warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, even if PlanetBids has been made aware in advance of such potential risk. Further, PlanetBids does not warrant or make any representations regarding the accuracy, likely results, or reliability of the sites linked thereto, including the buyer’s site.
  1. Confidentiality – All correspondence of User related to a particular bid may be delivered to the Buyer at Buyer’s request, without further consent of User. PlanetBids will take reasonable measures not to disclose website communications or information about Users to any other person or entity, except to the extent that PlanetBids believes in good faith that such action is within the scope of the Services or reasonably necessary to (a) comply with the law or the directives of courts or governmental agencies; (b) enforce this Agreement; (c) respond to claims of any third party; or (d) protect the legitimate interests of PlanetBids or its Users. Notwithstanding the foregoing, all communications directed to PlanetBids via the website such as questions, comments, inquiries, shall be deemed to be not confidential, unless specifically agreed otherwise in advance by PlanetBids. Further, PlanetBids will have the right to use any User’s name in connection with the advertising or promotion of the Services.
  1. Security – The PlanetBids ordering process is protected by the Secure Sockets Layer (SSL) protocol, which encrypts the information and confirms the identity of the PlanetBids server before allowing a transaction to be completed. Internet Explorer 8.0+ (or better), or equivalent product, that supports the SSL protocol are acceptable, but we recommend that Users utilize the latest browsers to ensure that they are protected by advances in security technology. For more detailed information, please refer to the PlanetBids Privacy Policy.
    1. Password-protection techniques will be provided to restrict access under User’s account and/or User names to authorized individuals. User acknowledges, however, that access restrictions, by their nature, are capable of bypass and PlanetBids does not guarantee that the services cannot be accessed by unauthorized persons. User shall at all times maintain as confidential its user names and passwords. If User is a corporation or other business entity, then it may allow employees to use its user name and password, but the User shall be responsible for all activity of its employees and for limiting the use of the Services to one person at a time. Permitting third parties to use the Services is prohibited and a violation of this Agreement.
    2. If a security breach occurs with respect to any account, the Member must immediately change its password and notify PlanetBids at customerservice@planetbids.com. User shall be liable for any unauthorized use of the Services until PlanetBids is notified of the security breach.
  1. Copyright Protection – All materials appearing on the PlanetBids website are protected by worldwide copyright laws and related international treaties. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described herein. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on PlanetBids website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
    1. Users may print and download portions of the materials solely in connection with the use of the Services provided on this website; however, any alteration or deletion of any proprietary notices or marks is prohibited.
    2. User shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose the Services, website content or PlanetBids Tools. User shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software or tools accessible or available through the Services.
    3. Special use requests should be sent to customerservice@planetbids.com. Permission to use shall be granted in the sole discretion of PlanetBids.
  1. Other Provisions –
    1. Notices: PlanetBids shall provide notice to User via email, with receipt confirmation, or (at its discretion) via certified U.S. Mail, to the address provided in the on-line registration or such other address provided by User to PlanetBids. User shall provide notice to PlanetBids via email to customerservice@planetbids.com, with receipt confirmation, with a copy sent via certified mail to the Company address on the website at www.planetbids.com/support.cfm. Notices will be effective 6 hours after sending if sent via email (unless the sender receives a response indicating that the message was undelivered) or 3 business days after the mailing date, whether or not received.
    2. Assignment: User shall not assign this Agreement or any of its rights or obligations without the prior written consent of PlanetBids, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties’ respective successors and permitted assigns.
    3. No Waiver: The failure of PlanetBids to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.
    4. Arbitration: Any dispute, controversy or claim arising out of or relating to this Agreement, or the performance of transactions or obligations related hereto, that cannot be resolved through negotiation shall be submitted to binding arbitration by the American Arbitration Association in accordance with its rules. Such arbitration shall occur in Los Angeles County, California. The American Arbitration Association shall have exclusive jurisdiction over any such dispute. Any judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. Either User or PlanetBids may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California necessary to protect the rights or property of User or PlanetBids pending the completion of the pending arbitration. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys’ fees.
    5. Governing Law: The interpretation and enforcement of this Agreement shall be governed by laws of the State of California, USA, excluding its choice of law rules.
    6. Force Majeure: PlanetBids will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of PlanetBids.