Legal Agreement
These Terms of Service (“Terms”) constitute a binding agreement between you and Bid Clarity Consulting, LLC, a California limited liability company (“Bid Clarity,” “we,” “us,” or “our”), concerning your purchase and use of the services described below. These Terms apply to services ordered through bidclarityconsulting.com (the “Site”), whether the services are performed through an email-based concierge process, software operated by Bid Clarity, an online platform, a virtual consultation, or another delivery method identified at checkout (collectively, the “Services”).
Please read these Terms carefully before submitting an order. The Services involve automated and artificial intelligence-assisted analysis and are subject to important limitations described below.
At checkout, you will be required to affirmatively accept these Terms and the Privacy Policy. By checking the acceptance box and clicking the button that submits or completes your order, you acknowledge that you have reviewed and agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not submit the order.
If you accept these Terms on behalf of a company, homeowners association, trust, or other organization, you represent that you have authority to bind that organization. In that event, “you” includes both you and the organization.
You must be at least eighteen years old and legally capable of entering into a binding agreement. Unless Bid Clarity expressly agrees otherwise in writing, the Services are available only for construction or improvement projects located in California and only for the categories of work identified on the Site at the time of purchase. Bid Clarity may reject an order that falls outside its then-current service area, document requirements, project categories, or operational capabilities.
Bid Clarity provides informational consulting and document-analysis services relating to contractor bids, estimates, proposals, and similar documents for outdoor construction and improvement projects. Depending on the package selected, the Services may include one or more of the following:
The specific Services, document limits, deliverables, price, estimated turnaround, and any included consultation will be described on the Site or checkout page applicable to your order. Bid Clarity may change its service packages prospectively, but a change will not alter an order already accepted unless you agree to the change.
Unless an applicable order expressly states otherwise, Bid Clarity analyzes only the words, figures, and other information contained in the documents you submit. Bid Clarity does not independently investigate or verify:
When a submitted bid refers to a warranty, Bid Clarity may report whether a warranty is mentioned, the duration stated in the bid, whether the bid states that labor, materials, or both are covered, and whether the bid states the warranty terms or merely refers to a manufacturer or other source. For example, Bid Clarity may state: “Warranty referenced; terms not stated in the bid.”
Bid Clarity does not determine whether warranty language, payment language, change-order language, or any other provision is valid, enforceable, adequate, customary, favorable, unfavorable, legally required, or protective of your rights. Bid Clarity does not compare the legal strength or enforceability of warranty terms across bids.
Any score, flag, risk rating, completeness indicator, or similar output is an informational summary generated from Bid Clarity’s proprietary methodology and the content of the submitted documents. It is not a legal-risk assessment, professional opinion, prediction of project outcome, or determination that a contractor or bid is safe, unsafe, proper, improper, fraudulent, or unlawful. Different factors may be weighted differently, and Bid Clarity may revise its methodology prospectively as its data and Services develop.
Bid Clarity is not acting as your attorney, accountant, financial advisor, architect, engineer, licensed contractor, construction manager, home inspector, insurance advisor, or real-estate professional. The Services do not constitute legal, accounting, financial, engineering, architectural, construction-management, inspection, code-compliance, or other licensed professional advice.
Use of the Services does not create an attorney-client, fiduciary, contractor-client, agency, partnership, joint-venture, or other professional relationship. You remain solely responsible for evaluating contractors, confirming licensing and insurance, examining the project and property, negotiating contract terms, and deciding whether and how to proceed. You should obtain advice from an appropriately licensed professional when the circumstances warrant it.
Bid Clarity does not recommend, refer, approve, endorse, certify, or guarantee any contractor, subcontractor, supplier, or vendor. A favorable or unfavorable observation about a bid is not an opinion about the contractor’s honesty, competence, workmanship, character, or business practices. A pricing observation is not a determination that a contractor’s price is excessive, deficient, deceptive, fraudulent, or unlawful.
Bid Clarity does not receive a referral fee, commission, or other compensation from a contractor in connection with a customer’s purchase of the Services unless that relationship is expressly disclosed before purchase.
Bid Clarity may use proprietary software, artificial intelligence, machine-learning systems, automated rules, databases, and, where applicable, third-party technology providers to process submitted materials and generate or assist in generating reports and responses. These tools may operate on systems controlled by Bid Clarity or through service providers described in the Privacy Policy.
Artificial intelligence and automated systems are probabilistic and may produce inaccurate, incomplete, inconsistent, outdated, or misleading results. They may fail to identify an important item or may identify an item that is not material to the project. Unless the applicable service description expressly promises human review, you should not assume that every statement or result has been independently reviewed by a person.
You agree not to rely on an automated output as the sole basis for a material financial, contractual, construction, or legal decision. You must independently review the underlying bid and verify any material observation before acting on it.
A virtual consultation is limited to the duration, report, and subject matter stated in the applicable package or order. A consultation may explain how information in the report was identified, describe the pricing or document-comparison methodology, and answer questions within Bid Clarity’s nonprofessional scope.
Bid Clarity will not advise you during a consultation concerning legal rights, contract interpretation, enforceability, breach, termination, rescission, withholding or recovering payment, lien rights, claims, damages, demands, settlement, threatened or pending disputes, or what legal action you should take. Bid Clarity may decline or redirect any question that requires legal, engineering, architectural, accounting, or other licensed professional advice. A consultation may be ended if it cannot remain within the permitted scope.
A consultation will not be recorded unless Bid Clarity first provides separate notice and obtains any consent required by applicable law.
You retain whatever ownership rights you or a third party may have in bids, proposals, plans, questions, messages, and other materials you submit to Bid Clarity (“Submissions”). You grant Bid Clarity a limited, nonexclusive right to access, copy, process, transmit, store, redact, convert, and analyze each Submission as reasonably necessary to provide the Services, communicate with you about your order, operate and improve the Services, prevent fraud or security incidents, and comply with applicable law.
Bid Clarity does not acquire ownership of the underlying contractor bid or other Submission merely because it is submitted for analysis.
By submitting a document or other information, you represent and warrant that:
Bid Clarity may reject, delete, or decline to process any Submission that it reasonably believes violates these requirements or presents a legal, privacy, security, or operational risk.
Bid Clarity may redact contractor names, license numbers, contact information, logos, and other identifying information before or during analysis, and reports may use neutral references such as “Contractor A” or “Bid 1.” You should not assume that every identifier will be detected or removed. Bid Clarity does not guarantee complete anonymization, particularly when identifying information appears in document metadata, photographs, file names, handwritten materials, unusual formatting, or other locations that automated systems may not recognize.
Upon full payment, Bid Clarity grants you a limited, nonexclusive, nontransferable license to use the report for evaluating the project for which the report was purchased. You may privately share the report with members of your household, the applicable contractor, another contractor providing a competing bid, your homeowners association, insurer, lender, attorney, accountant, architect, engineer, or other professional advisor when reasonably related to the project.
You may not, without Bid Clarity’s prior written consent, sell, license, publish, publicly post, or commercially distribute the report; use the report to market or promote a product or service; remove or alter a disclaimer; or use the report to harass, threaten, defame, or improperly damage the reputation of another person.
Any pricing comparison or benchmark is an estimate based on information available to Bid Clarity at the time of the analysis. Actual project pricing may vary substantially based on location, site access, existing conditions, design requirements, quantities, labor availability, material selection, contractor overhead, insurance, permitting, scheduling, warranty obligations, market conditions, project risk, and other factors.
A benchmark is not a representation of the price at which a qualified contractor will perform the work. It does not establish fair-market value, prove that a quoted price is excessive or deficient, or establish that a contractor has acted improperly.
Prices and package terms are those displayed at checkout when you place the order. All charges are stated in United States dollars. You authorize Bid Clarity and its payment processor to charge the payment method you provide for the total amount displayed at checkout. Payment-card information may be collected and processed by a third-party payment processor. Bid Clarity generally does not receive or retain the complete payment-card number.
Reports may be delivered by email, secure link, customer account, or another method disclosed at the time of purchase. Any stated completion or delivery time is an estimate unless Bid Clarity expressly agrees in writing to a guaranteed deadline. Turnaround may be affected by the number, format, legibility, complexity, or scope of the documents submitted; technical interruptions; requests for clarification; or circumstances outside Bid Clarity’s reasonable control.
A site visit or walkthrough is not included unless specifically offered, purchased, and confirmed by Bid Clarity. Before a site visit is scheduled, you may be required to sign a separate site-visit scope and risk acknowledgment. Unless the separate agreement expressly states otherwise, a site visit is visual and noninvasive and is not an inspection, measurement service, engineering evaluation, code-compliance review, or construction-management service.
Our collection, use, retention, disclosure, and deletion of personal information are governed by the Privacy Policy. No method of electronic storage or transmission is completely secure, and Bid Clarity does not guarantee that unauthorized access, disclosure, alteration, loss, or destruction will never occur.
The Site uses cookies, pixels, tags, analytics, and similar technologies operated by Bid Clarity and by service providers acting on Bid Clarity’s behalf, as described in the Privacy Policy and in the Site’s cookie or consent interface. Optional technologies will not activate until you affirmatively choose to allow them through the Site’s consent interface.
Bid Clarity will treat each Submission, and any nonpublic pricing, project, contractor, or personal information you provide, as confidential. Bid Clarity will not disclose such information other than to its members, managers, employees, contractors, and service providers who need access to perform the Services and who are bound by confidentiality obligations no less protective than those in this section.
Bid Clarity’s obligations under this section continue for three years after the later of delivery of the applicable report or closure of your account.
The Site, software, report templates, analytical framework, methodologies, prompts, taxonomies, workflows, scoring systems, benchmark compilations, graphics, branding, and content created by Bid Clarity are owned by Bid Clarity or its licensors and are protected by applicable intellectual-property laws. Except for the limited report license expressly granted in these Terms, no right, title, or interest in Bid Clarity’s intellectual property is transferred to you.
You may not use the Services for an unlawful, fraudulent, deceptive, abusive, or malicious purpose; submit a fabricated, manipulated, stolen, or unlawfully obtained document; attempt to gain unauthorized access to the Site or systems; introduce malicious code; circumvent usage restrictions; use automated means to scrape Site or report content; reverse engineer any proprietary methodology or algorithm; use the Services to harass, threaten, or defame another person; misrepresent an automated observation as a verified fact or professional conclusion; or resell or commercially exploit a report or access to the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BID CLARITY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT. BID CLARITY DOES NOT WARRANT THAT A REPORT WILL IDENTIFY EVERY ERROR OR PRICING ISSUE; THAT A REPORT WILL BE ACCURATE OR SUITABLE FOR A PARTICULAR PROJECT; OR THAT USE OF THE SERVICES WILL REDUCE PROJECT COSTS OR PREVENT A DISPUTE. THIS SECTION DOES NOT DISCLAIM A WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.
TO THE FULLEST EXTENT PERMITTED BY LAW, BID CLARITY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, COST OVERRUNS, CONTRACTOR DISPUTES, REPLACEMENT-CONTRACTOR COSTS, PROPERTY DAMAGE, OR LITIGATION EXPENSES. BID CLARITY’S TOTAL AGGREGATE LIABILITY FOR A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THAT ORDER. NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR ANOTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Bid Clarity and its members, managers, employees, and agents from third-party claims, damages, judgments, liabilities, costs, and reasonable attorneys’ fees arising from a Submission you were not authorized to provide; your alteration, public distribution, or misuse of a report; a false representation you made under these Terms; your violation of applicable law or another person’s rights; or your unlawful, fraudulent, defamatory, or abusive use of the Services.
Before initiating arbitration or filing a lawsuit, the complaining party will send a written notice describing the dispute and requested resolution. The parties will attempt in good faith to resolve the dispute informally for thirty days. A notice to Bid Clarity must be sent to Adam@bidclarityconsulting.com with the subject line “Legal Dispute Notice.”
Except for eligible individual claims in small claims court or claims seeking public injunctive relief, any dispute arising from or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by JAMS under its Consumer Arbitration Rules, before one neutral arbitrator in Los Angeles County, California.
You and Bid Clarity agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in a class, collective, or representative proceeding.
You may opt out of this arbitration agreement by sending written notice to Adam@bidclarityconsulting.com with the subject line “Arbitration Opt-Out” within thirty days after you first accept these Terms.
These Terms are governed by California law, without regard to conflict-of-law principles. Subject to the arbitration agreement, any court proceeding arising from or relating to these Terms or the Services must be filed in a state or federal court located in Los Angeles County, California.
Bid Clarity may revise these Terms prospectively. The version accepted at checkout governs that order unless you later agree to a modification. Material changes affecting an ongoing account or continuing Service will be communicated by email, through the Site, or by another reasonable notice, and renewed affirmative consent will be obtained when required.
Bid Clarity Consulting, LLC
2108 N St
Sacramento, California 95816
Telephone: (858) 466-5226
Email: Adam@bidclarityconsulting.com
California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at (800) 952-5210, 1625 North Market Blvd., Suite N 112, Sacramento, California 95834.