This Site including all the software and code comprising or used to operate this Site including graphics, images, logos, trademarks, artwork, text, fonts, data, names, numbers, physical addresses, web addresses, email, addresses, projects take-offs (quantities evaluated by Total Bid Data Corp.) and other material available on this Site including without limitation content submitted by users of this Site (collectively "Content") are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. This Site and all Content are the copyrighted property of Total Bid Data Corp. and/or its subsidiaries or the copyrighted property of parties from whom Total Bid Data Corp. has licensed such property. All rights not expressly granted by this Agreement are reserved solely to Total Bid Data Corp. its vendors and/or licensors.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Any unauthorized use by you may subject you to penalties or damages. Total Bid Data Corp. will enforce its intellectual property rights to the full extent of the law.
Total Bid Data Corp. reserves the right to add to, delete from or modify any part of Content at any time without prior notice. In consideration of your use of this Site you agree to provide true, accurate, current and complete information about yourself and to update that information as necessary. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Use of Site
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download or print portions of this Site on a temporary basis and for your personal and educational use only. The following actions are strictly prohibited:
- Do not modify the Content.
- You retain any and all copyright and other proprietary notices contained in the Content.
- You do not copy or post the Content on any network computer or broadcast the Content in any Media.
- You do not use Content to compete with Total Bid Data Corp.
- It is strictly prohibited to re-distribute projects take-offs produced by Total Bid Data Corp. to any third party.
- Use the Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- Use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site, without prior express written consent of Total Bid Data Corp.
- Violate any measure employed to limit or prevent access to the Site or its content;
- Violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means;
- Impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
- Interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site, any activities conducted on or through the Site or any servers or networks connected to the Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site.
The Content is the sole purpose of preparing, evaluating and bid submission solely the Total Bid Data Corp. No other download, retention use, publication or distribution of any portion of the Content is authorized or permitted. You agree not to upload or transmit through the Site any computer viruses, trojan horses,, worms or anything else designed to interfere with or disrupt the normal operating procedures of a computer disrupt the normal operating procedures of a computer.
Total Bid Data Corp. reserves the right to terminate the agreement without any prior notice and could face legal proceedings if any of the above actions taken place.
Your subscription, including your username and password, are personal to you and may not be used by anyone else. Any sharing of your account information, login, passwords, or the information, content and data provided by this Site, with any other person, firm or entity is strictly prohibited. You are responsible for maintaining the confidentiality of your password and username. You are also responsible for every instance in which your account information, login, passwords, or the information, content and data provided by this Site is used by someone other than you, whether or not authorized by you. Total Bid Data Corp. reserves the right, and you hereby authorize Total Bid Data Corp., to charge your credit card an additional monthly fee for such use in violation of this no-sharing policy. Access to this Site through the use of a specific user name and password will be terminated if there is an attempt to establish concurrent access to this Site using the same user name and password.
You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at info@TotalBidData.com until we are so notified you will remain liable for any unauthorized use of your account.
Subscription Term, Termination, Non-Renewal and Refunds.
You may subscribe to this Site either online or by submitting a signed application in paper form. If any conflict or inconsistency in terms between any online document and a subsequently submitted signed document, the conflict shall be resolved by relying on the document that is actually signed. The term of the agreement of certain products made available through this Site and certain portions of this Site are limited to those who have subscription in place with Total Bid Data Corp. Upon the expiration a subscription agreement the Agreement shall automatically renew for successive subscription periods unless canceled on written notice delivered/emailed/fax at least thirty (30) days prior to the expiration of the then current Term. Products denominated as "Single Use" do not renew.
Subscribers have the opportunity to get a free trial before buying the subscription to test and evaluate the product. No credit card is required during trial period. If after the trial period Subscriber elects to buy subscription, then all deals are final and no refunds will be given.
If any payment instrument you tender is dishonored or returned unpaid for any reason (including credit card charge back) by a financial institution, we will be entitled to collect from you a fee of $25or such larger amount as may be permitted by applicable law.
Email Notifications and Customer Contact
As a subscriber or listed company showcased in any of our online publications, we may send you service, project, or company related email messages, which are generally not promotional in nature, but are necessary to fulfill the Service. We will also send you Site service-related announcements, which are not promotional in nature, on occasions when it is necessary to do so. We will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We may communicate with you by email, fax, or telephone.
The Total Bid Data Corp. names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the Total Bid Data Corp. Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the Total Bid Data Corp. Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT INCLUDING QUANTITY TAKEOFF OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING QUANTITY TAKEOFF/ESTIMATE) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TOTAL BID DATA CORP., ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOTAL BID DATA CORP., ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO T
HE SECURITY OF THIS SITE; (C) THAT THE CONTENT, PRODUCTS OR OTHER INFORMATION ON THIS SITE, OR TO ANY SITES WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. SUBSCRIBER HAS THE SOLE RESPOSIBILITY FOR INSPECTION AND VERIFYING ALL SERVICES , CONTENT, QUANTITY TAKEOFF AND ALL OTHER DATA TO THE SUBSCRIBER'S SATISFACTION BEFORE USING THEM. TOTAL BID DATA IS NOT RESPONSIBLE FOR ANY LOSS ARISING OUT OF USE OF THIS SITE OR ANY OF ITS CONTENT.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS .
WHILE TOTAL BID DATA CORP. STRIVES FOR ACCURACY, IT DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATABASE ON THIS SITE. TOTAL BID DATA CORP. DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED TOTAL BID DATA CORP. SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF TOTAL BID DATA CORP. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS OF SERVICE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THIS SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON THIS SITE OR IN CONNECTION WITH YOUR USE OF THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
These Terms of Service give you specific legal rights and you may also have other rights, which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Service may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Service shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Links to Other Sites
This Site may provide links to other Web Sites operated by third parties. Because we have no control over third-party Web Sites, we are not responsible for the availability of those Web Sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web Sites. Total Bid Data Corp. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web Sites. These Terms of Service do not apply to your use of third-party Web Sites; your use of such Web Sites is subject to the terms and policies of the owner of such Web Sites.
As used in these Terms of Service, the term "including" means "including, but not limited to."
Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Total Bid Data Corp. of any breach of any provision of these Terms of Service or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect. Governing Law, Jurisdiction and Venue
You acknowledge and agree that although the information and materials on this Site may be read throughout the world, this Site is designed and intended for use in the United States, and that your use of this Site and these Terms of Service generally will be governed by the laws of the New York State applicable to contracts made and performed there without regard to its conflicts of law principles. If you access this Site from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials on this Site do not conform to the laws of the country where you access this Site, the information is not meant for you. Total Bid Data Corp. makes no representation that the information and materials contained on this Site are appropriate outside the United States. You agree that in the event that any dispute arises under these Terms of Service or in connection with your use of this Site, the laws of the State of New York shall apply without regard to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in new york County, NY and further agree that the states and federal courts located in NY County, New York shall be the exclusive venue for the resolution of any dispute between Total Bid Data Corp. and you.
You agree to indemnify and hold Total Bid Data Corp., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Service and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above and/or if any content that you post on or through this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.