WELCOME TO THE MEMBERSHIP AND USER AGREEMENT FOR BAILBAY.COM.

This Agreement describes in detail the terms and conditions applicable to your membership and use of our services available exclusively under the domain name www.BAILBAY.com. By participating in the registration and membership process for this website, You (hereinafter “User” or “Member”) expressly agree to be bound by all the following terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREOF, DO NOT ACCESS OR USE OUR SERVICES.

The Membership and User Agreement below is effective for all Users and Members as of February 17, 2003. We may amend this Agreement at any time by posting the amended terms on our website. All amended terms shall be effective thirty (30) days after they are posted on our website. This Agreement may not otherwise be amended except through a written instrument signed by BAILBAY.COM and the Member.

1. ABOUT BAILBAY.COM

  1. BAILBAY.COM is not an auctioneer, and does not conduct auctions of any kind. Rather, BAILBAY.COM is only a venue which allows licensed bail bond agents to make offers on active bail bonds throughout the United States. BAILBAY.COM is not involved in the actual transaction between the bail bond agent and the customer seeking to purchase the bond. BAILBAY.COM also cannot ensure that the end consumer will ultimately complete the transaction proposed.
  2. In addition hereto, BAILBAY.COM is not a bail bond agency, a bail bond agent, a managing general agent, an insurer, a limited surety agent, a primary bail bond agent, a professional bail bond agent, or a temporary bail bond agent as defined by §648.25, Fla. Stat. Accordingly, BAILBAY.COM is not bound by the terms, laws, or regulations affecting or relating to any of the foregoing entities or individuals, as outlined in the relevant section of the Florida Statutes or any other State or Federal regulations relating to bail bond agencies or bail bond agents.

2. MEMBERSHIP ELIGIBILITY

  1. BAILBAY.COM’s services are available only to individuals or organizations who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended BAILBAY.COM members.
  2. In addition to the foregoing, in order to be eligible to apply for membership and use BAILBAY.COM you must be a licensed bail bond agent or a licensed bail bond agency within your respective state, or states. In order to activate your account with BAILBAY.COM, you must return a signed copy of this membership and user agreement, along with an original certification that you are a licensed bail bond agent and/or a licensed bail bond agency in good standing within your respective state, or states, and a signed credit card authorization agreement against which all bids made by user/member under this website will be billed. All BAILBAY.COM accounts are subject to our review from time to time, at the sole discretion of BAILBAY.COM. Review will also occur if it is determined by us in our sole discretion, that you may have violated any provision of this membership and user agreement, and such review may result in the temporary or permanent suspension of your account with BAILBAY.COM.
  3. Notwithstanding the foregoing, BAILBAY.COM expressly reserves the right, in our sole discretion to refuse membership and/or to suspend a members account for any reason.

3. MEMBERSHIP ACCOUNT, PASSWORD AND SECURITY

Upon acceptance of a member/user registration package by BAILBAY.COM, a user will receive a user ID and an exclusive password. Each member is entirely responsible for maintaining the confidentiality of his or her user ID and password. Furthermore, each registered member is entirely responsible for any and all activities which occur under their user ID and password. A member must notify BAILBAY.COM immediately of any unauthorized use of his or her user ID or password, or any other breach of security known to that member.

4. FEES AND PAYMENT TERMS

Becoming a member or a user of BAILBAY.COM is free, so long as you comply with the membership eligibility requirements set forth herein throughout the entire term of this Membership and User Agreement.

5. MAKING A OFFER

  1. Binding Offers. Once a user/member finalizes an offer in BAILBAY.COM’s website, that user/member is obligated to complete the transaction if he or she is the desired agent upon the completion of the auction process, unless there is an exceptional circumstance such as (a) the consumer chooses not to purchase the bail bond or agree to the payment method offered in the auction, or (b) user/member cannot authenticate the consumer’s identity, or (c) the end consumer has provided materially false information in connection with the offer. Offers are not retractable unless they fall into one of the aforementioned exceptional circumstances.
  2. Fraud. Without limiting any other remedies available to BAILBAY.COM, we reserve the right to immediately suspend or terminate any user/members account if we suspect that said user/member (by conviction, settlement, insurance or escrow investigation or otherwise) have engaged in fraudulent activity in connection with this website.
  3. Manipulation. No user/member may manipulate the price of any bid made under this website, nor may any user/member interfere with any other user’s bids or transactions made under this website. BAILBAY.COM’s website contains robot exclusion headers and you will agree that you will not use any robot, spider or other automatic device or manual process to manipulate, monitor, or copy our web pages or the content contained herein without our prior expressed written permission. You further agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere, manipulate, or attempt to interfere or manipulate with a proper working of the BAILBAY.COM website or any activities conducted on our website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information contained on BAILBAY.COM website is updated on a real time basis and is proprietary and licensed to BAILBAY.COM and its members/users. You agree that you will not copy, reproduce, alter, modify, manipulate, create derivative works, or publicly display any content (except for Your Information, defined below) from our website without the prior express written permission of BAILBAY.COM.

6. USER AND MEMBER INFORMATION

  1. Your Information.
    1. Definition. “Your Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and BAILBAY.COM acts solely as a passive conduit for the online distribution and publication of Your Information.
    2. Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or harmful to minors; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
    3. License. Solely to enable BAILBAY.COM to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. BAILBAY.COM will only use Your Information in accordance with our Privacy Policy.

7. TERMINATION OR SUSPENSION OF MEMBERSHIP

  1. Without limiting all other available remedies under law, BAILBAY.COM may immediately terminate or suspend your membership, warn our community of your actions, issue a warning, temporarily suspend, indefinately suspend or terminate your membership and refuse to provide any future services to you if (a) you breach any section of this Agreement, (b) we are unable to verify or authenticate any information you provide to us or (c) we reasonably believe that any of your actions may cause financial loss or legal liability to you, our other users, or BAILBAY.COM.
  2. BAILBAY.COM retains the right, at BAILBAY.COM’s sole discretion, to determine whether or not a member’s conduct is consistent with the letter and spirit of these terms and conditions. BAILBAY.COM reserves the absolute right to terminate user/member’s membership if his/her conduct is found to be inconsistent with these terms and conditions.

8. BAILBAY. COM PRIVACY POLICY

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

9. DISCLAIMERS AND LIMITATIONS ON LIABILITY

BAILBAY.COM is merely providing an electronic venue through the Internet to conduct offers on available bail bonds throughout the United States. Therefore, BAILBAY.COM makes no representation as to the accuracy or completeness of the information provided by its user, members or end consumers using this service. Members should exercise due diligence in their use. YOU, AS A MEMBER, EXPRESSLY AGREE TO USE BAILBAY.COM AT YOUR OWN RISK. BAILBAY.COM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE.

WE MAKE NO WARRANTY THAT BAILBAY.COM AND ITS SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH BAILBAY.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR SERVICES. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BAILBAY.COM AND ITS SERVICES OR AS TO THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION OBTAINED THROUGH BAILBAY.COM AND ITS SERVICES.

BAILBAY.COM SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE BAILBAY.COM AND ITS SERVICES, OR FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BAILBAY.COM AND ITS SERVICES, OR RESULTING FROM ANY ALTERATION, MIS-DELIVERY OR MISCOMMUNICATION OF DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF BAILBAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS, IN NO EVENT SHALL BAILBAY.COM’S LIABILITY TO YOU EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO BAILBAY.COM DURING THE MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

10. NO AGENCY

User/Member and BAILBAY.COM are independent contractors, and no agency, partnership, joint venture, employee/employer or franchise or franchisee relationship is intended or created by virtue of this Agreement or the relationship between the parties. None of the actions or inactions of user/member may be asserted or employed against BAILBAY.COM.

11. INDEMNIFICATION AND RELEASE

  1. User/member agrees to indemnify and hold BAILBAY.COM and (if applicable) our parent, subsidiary, affiliates, officers, directors, agents, and employees harmless from any claim or demand including reasonable attorneys’s fees made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of any third party.
  2. Users/members hereby waives, releases, forgives, discharges, and relinquishes any and all claims that said user/member now has or may have against BAILBAY.COM, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any BAILBAY.COM transaction.

12. MODIFICATION TO SERVICE

BAILBAY.COM may also, in its sole discretion, change some or all of its services at any time. In the event BAILBAY.COM introduces a new service, the fees for said new service are effective as of the date of the launch of the service. Unless otherwise stated, all fees charged by BAILBAY.COM are in US Dollars. User/member is solely responsible for paying all fees associated with using BAILBAY.COM services and its website, including any and all applicable state or federal taxes.

13. NOTICES

Except as explicitly stated otherwise, any notices shall be given by registered mail to BAILBAY.COM, attention Legal Department, 2151 Le Jeune Road, Mezzanine Floor, Coral Gables, FL 33134, c/o: Omar J. Arcia, Esq., (in the case of BAILBAY.COM) or to the email address you provide to BAILBAY.COM during the registration process with respect to any notices to user/member. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email addresses is invalid or that the email was returned because it could not be delivered. Alternatively, we may give user/member notice by certified mail, postage, prepaid and return receipt requested to the address provided to BAILBAY.COM during the registration process. In such case, notice shall be deemed given three days after the date of the mailing.

14. LITIGATION

  1. Governing Law. Any and all disputes arising out of this Agreement, or the relationship between the parties hereto shall be governed by the Laws of the State of Florida.
  2. Exclusive Venue. The parties hereto further agree that any and all litigation arising out of this Agreement, or the relationship between the parties hereto shall be exclusively situated in the state and federal courts located in Miami-Dade County or Broward County Florida only. User/Member hereby expressly waives any argument that litigation in the exclusive litigation venue listed herein is inconvenient to any party.

15. ATTORNEYS’ FEES AND COSTS

If any litigation arises out of this Agreement, or the relationship between the parties hereto, the prevailing party in said litigation shall be entitled to recover all of its attorneys’ fees and costs, including fees at the trial and appellate level, from the other party or parties to the dispute.

16. GENERAL

  1. Modification of Agreement. The terms of this Agreement shall not be modified by any of the parties hereto, unless it is done through a written instrument executed by authorized representatives of both BAILBAY.COM and user/member.
  2. Compliance with Laws. Members/users shall comply with all applicable domestic and international laws, statutes, ordinances and regulation regarding your use of our services and your bidding on any bail bonds offered under BAILBAY.COM’s website.