ITM Holdings, LLC., and Programming Bids - http://www.programmingbids.com (the "Site") maintain this web site. Your participation in the bid program of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws.

By participating in the Site's bid program, you are entering into a binding and enforceable legal agreement with the Site as set forth below. You represent and warrant that you are authorized to enter into this agreement. Please read these Terms and Conditions carefully since, by participating in the the Site's bid program, you are signifying your assent to this agreement. As used in this agreement, the terms "You" mean you the buyer and the company or entity which you represent and "Programmer" means, you the freelancer and the company or entity which you represent and "Client" is applicable to both parties.

SERVICES
The Site facilitates an auction style matchmaking buyer/seller marketplace marketplace between You and the programmer. The Programmer may or may not bid on the service request or project posted by You. The Site does not provide any programming services, does not represent or screen the programmer and does not participate in the bidding or the development process of the service requests or projects posted on the Site. You may post a service request or a project describing the nature of the work that needs to be completed and participating Programmers may submit their bids. You are responsible for screening the Programmers, selecting and awarding the bid, hiring a Programmer and the payment process. Any bid/quote provided the Programmer on the Site is not to be construed as a recommendation by the Site. The Site neither provides any quotes nor recommends any "specific" Programmer and does not work on, or involve with any projects posted by You. You, and the Programmer must assume the responsibility for the project development, the delivery of project and the payment transaction. The Site is only responsible for facilitating the bidding process and the Client is responsible for paying a commission to the Site as noted in the fee table. You agree that the bidding process and the responsibility of the Site ends once the bid has been finalized and the winning bid has been awarded to, and has been accepted by the Programmer You choose. The SITE IS NOT RESPONSIBLE FOR THE ACTUAL PROJECT DELIVERY/OUTCOME, PAYMENT TRANSACTIONS OR THE DURATION AND DELIVERY PROCESS.

ELIGIBILITY
The Site shall have absolute discretion as to whether or not it accepts a particular applicant or a bid for participation in the service.

USER ACCOUNTS
You are only authorized to create one (1) user account either as a buyer or as a seller at any given time. You are strictly prohibited from creating user account(s) as both a buyer and a seller or creating multiple user accounts under different usernames, identities and business entities. Any violations will result in full suspension of your user account(s) without any further notice.

BUYER CONDITIONS
You may use our internal system to make the a payment to the Programmer you may deposit funds in to your Site account via Paypal or one of the payment facilitators and then "transfer money" to the Programmer, from your account panel. The Site is in no way responsible for any deposits or payments you make in to your account on the Site or any funds you transfer to the Programmer account(s) on the Site. You may also pay the Programmer directly with one of the acceptable methods such as an third-party escrow, check, money order, wire, etc.,

PROBLEMS/MALFUNCTIONS WITH REGARDS TO YOUR WEB HOSTING SERVER/MODULES (uninstalled or modules not working properly), etc., are not the responsibility of the Site or the Programmer and the Programmer is not required to install new modules or correct any related problems, unless this was agreed specifically in writing on the Site or was mentioned in the project specification. The Programmer is ONLY RESPONSIBLE for delivering the work per your specifications, when the bid was finalized and awarded. Any additional work involved at a later stage is not included and it is upto both parties to negotiate for any additional work involved and the payments thereafter.

ANY VERBAL AGREEMENTS made during or after the bid selection process, unless they were agreed specifically upon in the project description or in the project message board in writing are INVALID and will not be honored. Programmer's SHOULD BE ALLOWED TOTAL DELIVERY DAYS, as provided in the bid area for completion of the project.

RIGHT TO REJECT
All requested projects, descriptions and bids are subject to the Site's approval. the Site reserves the right to reject, cancel or remove any projects, descriptions and bids at any time for any reason whatsoever.

OWNERSHIP
Clients agree that all information contained on a website operated by the Site, and all information compiled by the Site through operation of the affiliate program, is the proprietary information of the Site.

INTELLECTUAL PROPERTY
Any unauthorized use of intellectual property without the explicit written permission of their owners may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections of these scripts, as examples, will be permitted. A "section" being no more than 10% of the script's contents. This is meant to protect the author's rights.

Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

COMMUNICATION
Client agrees not to post e-mail address(es) or any contact information on the Site, except in the "e-mail" field of the signup form, or when asked by the Site at any other time. Email addresses or any contact information may not be exchanged in project forums or via the site messenger. Any messages and forum postings may be monitored by the site administrator(s). This applies to all methods of communication, including email exchanges, phone, ICQ, AIM, MSN Messenger, etc., conducted via the Site. You are prohibited from making direct contact with another Client, except via the message board on the Site, until a bid for the project has been finalized and awarded. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this Site.

NEGOTIATIONS AND COMMISSIONS
You are strictly prohibited from contacting members or attempting to negotiate the fee for a project with another Client directly (outside of the Site) after a project has been created on the Site and before the final bid has been awarded and you have been chosen as the winning Bidder or Programmer. This also applies to any project that was closed without a Bidder being chosen. When a bid is awarded, the Client is responsible for depositing the Site commission for each project as noted in the fee table and under no circumstances will the commissions on a project be refunded to you "once you award (Buyer) or accept (Programmer) the bid" regardless of the outcome.

PAYMENTS
The Site will credit the account or make payments within 30 days, if and when the Client requests for it and AND the Client's account balance is equal to or greater than $25. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. However, any Client the Site removes from the service due to violation of the Terms and Conditions will receive no credit or payment.

YOUR REPRESENTATIONS AND WARRANTIES TO US
You represent that you are the authorized owner or representative of the website(s) for which links are requested and that such site(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous matter. You will not hold the Site or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from the Site. You further represent that your site is not unsuitable for the the Site bid program. Unsuitable sites include those that promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; and violate or infringe upon the rights of any third party, including intellectual property rights.

YOUR INDEMNIFICATION OBLIGATIONS
Client agrees to indemnify and hold the Site and its consultants, contractors, agents, attorneys and employees, affiliates, licensees, licensors, harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Client's website content or Client's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.

REMOVAL FROM NETWORK
The Site reserves the right to terminate the participation of any Client or site without reason but expressly including any Client site that the Site judges to be in violation of the Terms and Conditions.

Notwithstanding anything contained in this Agreement to the contrary, the Site may, in its sole discretion, terminate your account, and discontinue your participation. Clients in violation of the Site' Terms and Conditions will be immediately deactivated. The Site may deactivate Clients with no prior notification, though every effort will be made to notify the deactivated Client via the email address provided by the Client. Clients found in violation of the Terms and Conditions will not receive any credit or payment from the Site. Clients that are terminated by the Site on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from the Site. Reasons for the Site's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if the Site believes that you violated this Agreement or other policies or guidelines of the Site or of a Third Party Product (or other Client of the the Site Distribution Network) that uses, licenses or distributes the the Site, or if the Site believes your conduct may be harmful to other consumers, advertisers or licensees who participate in (or offer to its users) the the Site. All decisions made by the Site in this matter will be final and neither the Site nor its licensees (or distributors) shall have any liability with respect to such decisions.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
THE SITE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF PROJECTS OR BIDS WHICH WILL BE DELIVERED. THE SITE SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. IN NO EVENT SHALL THE SITE'S LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO THE SITE BY CLIENT HEREUNDER. IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE SITE WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, A DELAY IN SUBMITTING A BID BY YOU, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. THE SITE MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

MISCELLANEOUS
This agreement supersedes all prior and/contemporaneous agreements and Client has relied upon no representations, oral or otherwise, not contained within this agreement. The Site reserves the right to amend this agreement and change the terms upon which it offers its bid program to the public and may amend/change this agreement by posting such changes. Client's continued participation in the bid program following such changes shall be deemed an assent to such changes. Breach of these Terms and Conditions will result in legal action under local copyright and trademark laws and international treaties. The Site, may at any time revise the contents and these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions.