CAREFULLY BEFORE USING THIS WEBSITE.
BidMoni Inc. provides the website known as www.bidmoni.com or
fiduciaryshield.bidmoni.com. All services
related to the Site are subject to your compliance with the terms and
conditions set forth in this Agreement. Your use of the Site is subject to the
BY ACCESSING ANY AREAS OF THIS SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE
YOU SHOULD NOT REGISTER WITH OR USE THIS SITE.
CHANGES TO THE SITE
We reserve the right, at our discretion, to update or revise these Terms of
Use, or any information, text, data, databases, graphics, logos, images, button
icons, sound recordings, video materials, audio clips, logos, software,
features, services, and other materials within the Site (all such materials,
and any compilation, collection, or arrangement thereof, the “Content”) from
continued use of this Site following the posting of any changes to the Terms of
Use constitutes acceptance of those changes.
We are committed to protecting your privacy. We do not sell, trade, or disclose
your personal information to others without your prior consent, except as set
certain third parties. For example, we may share aggregated Ste traffic
patterns or aggregated survey data, but not in any way that would enable any
third party to identify information about individual users. For more details,
LICENSE TO ACCESS AND USE
You may access and use this Site only for your personal use (or, if accessing
the Site on behalf of a company, only your company’s own internal use). Any other
access to or use of the Site or the Content constitutes a violation of these
You may not access, use, or copy any portion of the Site or of the Content
through the use of bots, spiders, scrapers, web crawlers, indexing agents, or
other automated devices or mechanisms. You agree not to remove or modify any
copyright notice or trademark legend, author attribution, or other notice
placed on or contained within any of the Content. Except as expressly
authorized by us in writing, or as permitted under your Subscription Agreement
or other agreement between you and Fiduciary Benchmarks, in no event will you
reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial
purpose any portion of the Site or the Content or any access to or use of the
Site or the Content.
You may not use any device, software or routine, including but not limited to
any viruses, trojan horses, worms, time bombs or cancel bots, intended to
damage or interfere with the proper working of the Site or any purchase being
conducted on our Site or to surreptitiously intercept or expropriate any
system, data or personal information from the Site.
REGISTRATION AND SECURITY
When you register, you will be asked to provide certain information about
yourself, such as your full name, company name, company Employer Identification
Number (EIN), company business model, company’s broker-dealer (if applicable),
and email address. You agree to provide accurate and complete information when
registering. Our use and disclosure of this information will be subject to our
you keep your password confidential at all times and not share it with anyone.
You agree to notify BidMoni immediately if you discover loss or access to your
password by another party, not under your control and supervision. BidMoni will
not be liable for any loss or damage arising from the unauthorized use of your
You represent that you are of sufficient legal age to create binding legal
obligations for any liability you may incur as a result of your use of this
All Content is the property of BidMoni or its Content suppliers. All software
used on this Site is the property of BidMoni or its software suppliers and
protected by U.S. and international copyright laws. You acknowledge and agree
that all Content and materials available on this Site are protected by
copyrights, trademarks, service marks, patents, trade secrets, or other
intellectual property or proprietary rights and laws of the United States and
other countries. Except as expressly authorized byBidMoni, you agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create derivative works
from such materials or Content. Systematic retrieval of data or other content
from this Site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from BidMoni is
prohibited. In addition, use of the Content or materials for any purpose not
DISCLAIMER OF WARRANTIES
ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS
PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY
DISCLAIMED AND EXCLUDED.BIDMONI, ITS AFFILIATES, AND ITS LICENSORS DO NOT
WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; THAT THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER
DISABLING DEVICES OR HARMFUL COMPONENTS. YOUR AND YOUR COMPANY’S USE OF THIS
SITE IS SOLELY AT YOUR AND ITS SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU; HOWEVER, BIDMONI’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
Except as otherwise expressly provided on this Site in connection with certain
services, under no circumstances shall BidMoni, its affiliates, its licensors,
contractors, suppliers, content-providers, and other similar entities, and the
officers, directors, employees, representatives, and agents of each of the
foregoing (collectively, our “Representatives”) be liable for any direct,
indirect, punitive, incidental, special, or consequential damages that result
from the use of, or inability to use, this Site. This limitation applies
whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if BidMoni has been advised of the
possibility of such damage. Because some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, BidMoni’
liability in such jurisdictions shall be limited to the extent permitted by
law. If, notwithstanding the above, BidMoni is found liable for any loss or
damage relating to the use of this Site, you agree that the liability of
BidMoni shall in no event exceed, in the aggregate for all claims, the fee or
charge you have paid BidMoni in connection with the transaction from which your
Upon a request by BidMoni, you agree to defend, indemnify, and hold harmless
BidMoni and its Representatives from all liabilities, losses, damages, suits,
claims, and expenses, including reasonable attorney’s fees, that arise from:
(a) any Submission (as defined below) or other information that you submit,
post to, or transmit through the Site; (b) your access to and use of the
Content, the Site, and other materials, products, and services available on or
through the Site and BidMoni; (c) your violation of these Terms or misuse of
this Site; (d) your violation of any rights of any third party; (e) your
website; and (f) any unauthorized use of a username, password, or account
number. BidMoni reserves, and you grant to us, the right, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with BidMoni in
asserting any available defenses.
TERMINATION OF ACCESS
BidMoni and its affiliates reserve the right to terminate your access to this
Site, refuse service, terminate accounts and/or cancel orders in its
discretion, including, without limitation, if (a) BidMoni believes that your
conduct violates applicable law or is harmful to the interests of BidMoni
and/or its affiliates, or (b) you breach the terms of any agreement between you
RULES OF USER CONDUCT
By posting Submissions or information in or otherwise using any communications
service,rfp software, or other interactive services that may be available to
you on or through this Site,agree that you will not upload, post, or otherwise
distribute or facilitate distribution of any content — including text,
communications, software, images, sounds, data, or other information — that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, contains explicit or
graphic descriptions or accounts of sexual acts (including, but not limited to,
sexual language of a violent or threatening nature directed at another
individual or group of individuals), or otherwise violates BidMoni rules or
victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain
letters, any other form of unauthorized solicitation, or any form of lottery or
contains software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party;
imposes an unreasonably or disproportionately large load on the Site or
otherwise interferes with or inhibits any other user of this Site from using or
enjoying the Site; or
impersonates any person or entity, including any employee or representative of
You also agree that you will not harvest or collect information about BidMoni’
system users or use such information for the purpose of transmitting or
facilitating transmission of unsolicited bulk electronic e-mail or
As a service provider, you are never to contact an employer, Tpa, or advisor
that is conducting a bid, Rfp,or research without their prior consent or
initiation. Such actions may constitute limitations on bid information or
possible removal from the system.
You further agree that you will not knowingly
solicit or collect personal information from a minor without appropriate prior
verifiable parental consent.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
With regard to all comments, feedback, suggestions , ideas and material
(“Submissions”) submitted or offered to BidMonis or in connection with your use
of this Site, or that you may post to this Site, such as on bulletin boards
and/or message boards, you (a) grant BidMonis and its affiliates and licensees
an irrevocable, perpetual, non-exclusive, transferable, royalty-free, and
worldwide license (with the right to sublicense) to use, reproduce, prepare
derivative works of, display, perform, adapt, modify, distribute, have
distributed, and promote the Submission in any form, anywhere and for any
purpose commercial, advertising, or otherwise, on or in connection with the
Site or the promotion thereof; and (b) warrant and represent that you own or
otherwise control all of the necessary rights to the Submission and that public
posting and use of the Submission by BidMonis will not infringe or violate the
rights of any third party.
MONITORING AND RIGHT TO REMOVE CONTENT
BidMoni generally does not pre-screen, monitor, or edit the Submissions posted
by users of communications services, chat rooms, message boards, newsgroups,
software libraries, or other interactive services that may be available on or
through this Site. However, BidMoni and its agents have the right (though not
the obligation) at their sole discretion to remove any Submission that, in
BidMonis’ judgment, does not comply with the Site Rules of User Conduct or is
otherwise harmful, objectionable, or inaccurate. BidMoni is not responsible for
any failure or delay in removing such content.
BidMoni makes no representation that the Site or Content are appropriate or
available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. If you choose
to access this Site from other locations, you do so at your own initiative, at
your own risk, and are responsible for complying with applicable local laws.
SEVERABILITY AND INTEGRATION
(as each may be revised and amended from time to time) collectively constitute
the entire agreement between you and BidMoni with respect to this Site and
supersede all prior or contemporaneous communications and proposals (whether
oral, written, or electronic) between you and BidMoni with respect to this
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Notwithstanding the above SEVERABILITY AND INTEGRATION provision, if you have
entered into a separate written agreement with BidMoni with respect to your use
the extent they are in conflict.
be deemed to be the true, complete, valid, authentic, and enforceable copy, and
you agree that you will not contest the admissibility or enforceability of our
intended to survive termination (including, but not limited to, any provisions
regarding limitation of our liability or indemnification) will continue in
effect beyond any such termination of access to this Site.
person other than you or your company and our Representatives.
prior written consent.
Our waiver of any breach of these Terms will not be a waiver of any preceding
or subsequent breach thereof.
Possible evidence of the use of the Site for illegal purposes will be provided
to law enforcement authorities.
Discontinuation of use of this Site is your sole right and remedy for any
dissatisfaction with the Site or any of the Content.
Annual contract, prepaid
Service begins as soon as your initial payment is processed. Your subscription will continue without renewal notice until you cancel. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of that month’s billing period. Because there’s no annual contract, your monthly rate is subject to change, but you will be notified of any change in your monthly rate with the option to cancel in accordance with these terms. Cancellations can be made any time by visiting your Manage Account page or by contacting Customer Support
Service begins as soon as your payment is processed. You’ll be charged the annual rate stated at the time of purchase as one lump sum. Your contract will renew automatically, on your annual renewal date, until you cancel. You will receive advance notice prior to your annual renewal. Renewal rates are subject to change, but you will be notified of any change in your rate with the option to cancel in accordance with these terms. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by visiting your Manage Account page or by contacting Customer Support
Advisors can upgrade, downgrade, and/or cancel their subscription at any time.
If an Advisor downgrades before the end of the full month, we will not rebate back any of the subscription cost (i.e. if Advisor cancels on 3/25 but month ends on 3/31, nothing will be rebated).
If an Advisor upgrades from Premium to Pro mid-month, the package will be immediately available, and the price will be prorated. The first full month would begin the full subscription price.
If an Advisor downgrades from Premium or Pro to the free version, they will receive no refund but will retain their package through the end of the billing period. They will retain everything that was purchased or collected during the original subscription period including RFPs, Reports, and Stored Credits.
Unused credits from a monthly or annual allowance of your plan will carry over and do not expire after one monthly or annual period. When your subscription ends, you will retain the rights to any unused credits. Credits cannot be redeemed for cash value.