Effective date: October 21, 2026 · Version: 1.0
These Terms of Use ("Terms") govern your use of nearbidly.com, every auction page hosted by Nearbidly, our text and email alerts, and our related services (the "Service"). The Service is operated by Local Growth System LLC, a New York company doing business as Nearbidly ("Nearbidly", "we", "us").
By using the Service, you agree to these Terms and to our Privacy Policy. If you register for or bid in an auction, our Auction Terms and Official Rules also apply. If the two conflict on anything about an auction, the Auction Terms win. Businesses that run auctions on Nearbidly are also bound by a separate Client Services Agreement.
1. Who can use the Service
- You must be 18 or older and able to enter a binding contract.
- You may hold only one bidder account. Your account is tied to a mobile phone number you control.
- You must give accurate information and keep it up to date.
- You may not use the Service if we have suspended you, or if the law prohibits you from doing so.
2. What Nearbidly is (and isn't)
Nearbidly is a technology platform. Independent businesses (each a "Business") use it to run free-to-bid auctions and follow up with participants.
- The Business is the seller. It sets the prize, the terms and any offers, receives payment directly through its own Stripe account, and is responsible for delivering what it sells, including taxes, refunds and customer service.
- Nearbidly is not a party to the sale between you and the Business. We don't own or guarantee the prizes or the Business's services.
- Nearbidly is not an auctioneer acting for either party, and we don't hold your money.
3. Your account and security
- We verify your phone number with a one-time code. Keep your phone and codes secure, and don't share codes with anyone.
- You are responsible for activity under your account. Tell us right away at support@nearbidly.com if you think someone else is using it.
- Each auction website keeps its own sign-in, so you may be asked for a new code the first time you use a different auction site.
4. Messages
When you register, you agree to receive auction texts and emails from Nearbidly, and follow-up texts, calls and emails from the Business named on the auction page. Some follow-up may be sent using automated technology. Details, message frequency, and how to opt out (reply STOP or DELETE) are in our SMS Messaging Terms. Message and data rates may apply.
5. Acceptable use
You agree not to:
- place bids or pledges you don't intend to honor, or bid to raise the price for a Business (shill bidding);
- bid on an auction run by a Business you work for, own, or are closely connected to;
- create more than one account, use someone else's phone number or identity, or work with others to manipulate an auction;
- use bots, scripts, scrapers or automated tools to access the Service, bid, or collect data;
- interfere with or attempt to bypass security, rate limits, bot checks or eligibility rules, including by using VPNs to misrepresent your location;
- upload or send anything unlawful, harassing, defamatory, infringing, or harmful, including malware;
- misuse other people's information shown on the Service;
- reverse-engineer the Service except where the law allows it;
- use the Service in a way that breaks any law, including consumer-protection, anti-spam and privacy laws.
We may void bids, cancel registrations, withhold or reverse awards, and suspend or close accounts that break these Terms, as described in the Auction Terms.
6. Content you provide
You own what you submit, such as reviews, comments and feedback ("Your Content"). You give Nearbidly and the relevant Business a non-exclusive, royalty-free license to use Your Content to operate and improve the Service and the auction. We publish your name or quote only with your permission. See the Review and Testimonial Terms. Don't submit anything you don't have the right to share.
7. Our content and trademarks
The Service, including its software, design, text, graphics, the Nearbidly name and logo, and auction formats as implemented, belongs to Nearbidly or its licensors and is protected by law. We give you a limited, revocable, non-transferable right to use the Service for its intended purpose. Each Business's names, logos and content belong to that Business.
8. Third-party services
The Service relies on third parties such as Stripe (payments), GoHighLevel (messaging), Google Cloud and Cloudflare. Your use of their services may be subject to their own terms. We aren't responsible for third-party sites or services we link to.
9. Changes and availability
We may change, suspend or discontinue features at any time. We aim to keep auctions running reliably. If a technical outage affects a live auction, the incident rules in the Auction Terms apply.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, NEARBIDLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Prizes: NEARBIDLY MAKES NO WARRANTY ABOUT ANY PRIZE, OFFER OR SERVICE PROVIDED BY A BUSINESS. ANY WARRANTY COMES FROM THE BUSINESS. Results: WE DON'T PROMISE ANY PARTICULAR RESULT FROM A BUSINESS'S SERVICES.
11. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW:
- No indirect losses. NEARBIDLY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM THE SERVICE.
- Cap on total liability. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID NEARBIDLY (NOT THE BUSINESS) IN THE 12 MONTHS BEFORE THE CLAIM.
- Rights the law protects. Some jurisdictions don't allow certain limits, so they may not apply to you.
12. Indemnity
You agree to defend and indemnify Nearbidly against claims, losses and costs (including reasonable attorneys' fees) arising from your breach of these Terms or misuse of the Service, to the extent permitted by law.
13. Disputes and governing law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Any dispute that isn't subject to arbitration (below) will be heard in the state or federal courts located in Albany, New York, and you consent to their jurisdiction.
Arbitration and class-action waiver.
Except for small-claims matters and requests for injunctive relief about intellectual property, you and Nearbidly agree to resolve any dispute by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and Nearbidly each waive the right to a jury trial and to take part in a class action. You may opt out of this arbitration clause within 30 days of first accepting these Terms by emailing support@nearbidly.com with the subject "Arbitration opt-out."
14. Termination
You may stop using the Service and delete your account at any time (see the Privacy Policy). We may suspend or end your access if you break these Terms or if required by law. Sections that by their nature should survive (such as disclaimers, limitations of liability, indemnity and disputes) survive termination.
15. General
- Entire agreement. These Terms, the Privacy Policy, and the Auction Terms (when you take part in an auction) are the entire agreement between you and Nearbidly about the Service.
- Severability. If any part is found unenforceable, the rest still applies.
- No waiver. Our failure to enforce a right isn't a waiver of it.
- Assignment. You may not transfer these Terms; we may, in connection with a business transfer.
- Changes to these Terms. We'll post changes here and update the effective date. Material changes will be notified in advance by email or on the Service. Continuing to use the Service after changes take effect means you accept them.
16. Contact
Local Growth System LLC d/b/a Nearbidly 54 State Street, Ste 804 #16621, Albany, NY 12207 support@nearbidly.com · nearbidly.com/help