Last revised on 6/18/09
Welcome to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound by the
following terms and conditions of use. Please review these terms and conditions
carefully. If you do not agree to these terms and conditions, you should not
use this site.
1. Agreement
This Agreement (the "Agreement") specifies the terms and
conditions for access to and use of this website, www.StateAndFederalBids.com
(the "Site"). This Agreement may be modified at any
time by Online Data Services, LLC (d/b/a StateAndFederalBids.com, "SAFBC")
upon posting of the modified agreement. (All references in this Agreement
to
"we", "us", or "our" refer to SAFBC and all references
to "you" or "your" refer
to each person using the Site) You can view the most recent version of this
Agreement at any time at http://www.stateandfederalbids.com/terms.html.
2. Choice of Subscriptions
You may choose from a variety of subscription plans. Your subscription
grants to you a license to view use the Site and all bid data on the Site for
the sole purpose of evaluating bids that you or your company may wish to
investigate further. Your
subscription is intended for your use alone and you are not permitted to share
it with any other person.
Unless otherwise noted, on the Renewal Date your subscription plan
automatically renews for a successive period equal to the original term unless
you cancel it pursuant to Section 11 below before the Renewal Date. The Renewal Date shall be the same day
of the month as the current term began unless the month during which the
current term ends does not have that many days in it, in which case the Renewal
Date shall be the last day of the month during which the current term is
scheduled to end. For example, if you choose a monthly subscription plan and
activate the account on January 5th, your first Renewal Date and the
date you will be billed for a new term unless you cancel your account pursuant
to Section 11 below before that date is February 5th.
Since calendar months do not have a uniform number of days, this means
that the Renewal Date of your subscription plan may change. For example, if you
signup for a monthly subscription plan on January 31st, your Renewal
Date will be February 28th because February does not have 31 days
and the 28th is the last day of February (unless it is a leap year
in which case your Renewal Date would be February 29th). Your next
Renewal Date would be 1 month from the previous Renewal Date, so it will occur
on March 28th.
3. Credit Card Charges
If you pay by credit card, upon registration you do grant to us
permission to charge all fees incurred, including all renewal fees, using your
password to the credit card you provide to us. If payment cannot be charged to
your credit card or such payment is returned to us for any reason, including chargebacks, SAFBC may either suspend or terminate your
account and all services under this Agreement and you will personally owe SAFBC
any unpaid balance.
4. Privacy
SAFBC's Privacy Policy
also governs your visit to our site. Please review our Privacy Policy at
http://www.stateandfederalbids.com/privacy.html.
5. Ownership
All content included on this site is and shall continue to be the
property of SAFBC or its content suppliers and is protected under applicable
copyright, patent, trademark, and other proprietary rights. Any copying,
redistribution, use or publication by you of any such content or any part of
the Site is prohibited, except as expressly permitted in this Agreement. Under
no circumstances will you acquire any ownership rights or other interest in any
content by or through your use of this site.
6. Intended Audience
The Site is intended for adults only. The Site is not intended for any
children under the age of 13.
7. Trademarks
StateAndFederalBids.com and other marks used on the Site are either
trademarks or registered trademarks of SAFBC. Other product and company names
mentioned on this Site may be trademarks of their respective owners.
8. Restrictions
You agree to the following restrictions:
(a) You may not use the Site if you are an
owner, employee, independent contractor, representative, or agent for a
website, business or other entity that competes with SAFBC or any of its
affiliates and you hereby represent and warrant that such is not the case.
(b) You agree that you will not reprint,
republish or distribute, in any way, any information or materials found on the
Site. You acknowledge that copyright law protects our materials and you will
not copy our materials in any form or using any media for any reason.
(c) You acknowledge and agree that the
password with which you have been provided is for your personal use, that you
are responsible for any use of your password and you are not permitted to allow
any other person to use your password for any purpose.
(d) You agree not to reverse engineer the
Site or any of the information related to the Site, break into the Site or
circumvent any measures taken to restrict access to the Site or any materials
provided to you by the Site.
9. Cancellation by SAFBC Without Cause
We reserve the right to cancel your subscription and bar your further
use of the Site at any time without cause and without prior notice. If we
terminate your subscription without cause, we will refund to you a prorated
amount of the charges you have paid for your then current term based on the
time remaining for such term. We
further reserve the right to cancel any free account or service at any time
with or without cause.
10. Cancellation by SAFBC With Cause
We reserve the right to cancel your subscription without prior notice
and without any refund and bar your further use of the Site for cause at any
time for your violation of any term of this Agreement. If we terminate your
subscription plan for cause, we will not refund any monies to you. We will deactivate your subscription at
the end of your then current term.
SAFBC shall, in its sole discretion determine what shall constitute
sufficient cause for canceling your account. Any attempt by you to try to block or stop payment of your
charges due or to request a chargeback through your credit card issuer shall
constitute sufficient cause for SAFBC to cancel you account.
11. Cancellation
by User With or Without Cause
You
have the right to cancel your account at anytime by notifying SAFBC of your
desire to do so. Upon your
notification, SAFBC will confirm your cancellation request in writing to your
email address on file and your cancellation will not be effective unless and
until SAFBC so confirms it in writing.
Until you receive SAFBC's confirmation of your
cancellation request, it remains your obligation to continue to notify SAFBC
of your request in order to complete your cancellation.
Once your cancellation is effective, you shall not owe SAFBC any
further payments and SAFBC shall stop your account from automatically charging
your credit card. SAFBC shall
deactivate your account at the end of your then current term.
You agree that this is the only manner in which you can cancel your
account and that your cancellation is not effective until you receive written
confirmation from SAFBC that we have processed your cancellation request.
12. Refunds
Because this is an information service, it is impossible to reclaim
the product and therefore no refunds can be issued.
13. No Support For Software
We offer some files in common Adobe Acrobat format and may offer other
files in other common formats. We do not offer technical support for any third
party software including, but not limited to, Adobe Reader.
14. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the
website. You further agree that information provided by you is truthful and
accurate to the best of your knowledge.
15. Indemnification
You agree to indemnify, defend and hold SABFC, our partners,
employees, agents, representatives and affiliates, harmless from any liability,
loss, claim orexpense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the
Site.
16. Disclaimer
THE INFORMATION ON THE SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. SAFBC WORKS TO PROVIDE THE BEST INFORMATION
WE CAN BUT WE DO NOT WARRANTY IN ANY WAY THE ACCURACY OR TIMELINESS OF
INFORMATION ON THE SITE. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
SAFBC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY
EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE
EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS
LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO
YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SAFBC, IT’S OFFICERS, OWNERS,
EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS,
LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE
SITE, YOUR USE OF THE SITE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR
CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITE.
You may have additional rights under certain laws (including consumer
laws), which do not allow the exclusion of implied warranties, or the exclusion
or limitation of certain damages. If these laws apply to you, the exclusions or
limitations in this Agreement that directly conflict with such laws may not
apply to you. All other limitations of warranties and liabilities complying to
your jurisdiction shall still apply.
18. Use of Information
SAFBC does not want to receive confidential or proprietary information
from you through the Site or through any correspondence relating to the Site or
otherwise. Please note that any information or material sent to SAFBC will be
deemed NOT to be confidential. By sending SAFBC any information or material,
you grant SAFBC, its officers, directors, employees, agents, and
representatives an unrestricted, irrevocable, world-wide, royalty free license
to use, reproduce, display, perform, modify, transmit, and distribute those
materials or information, and you also agree that SAFBC is free to use any
ideas, concepts, know-how, or techniques that you send us for any purpose.
19. Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes
copyright infringement, please provide a notice containing all of the following
information to our Copyright Agent:
(a) An electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work
that you claim has been infringed;
(c) A description of where the material
that you claim is infringing is located on the Site;
(d) Your address, telephone number, and
e-mail address;
(e) A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
(f) A statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on
the Site is Frank Cobia, who can be reached as follows:
By Mail: State And
Federal Bids.com
P.O. Box 1476
Decatur, GA 30031
By Phone: 866-459-8947
By e-mail:
copyrightnotice@stateandfederalbids.com
20. Modifications
We reserve the right to modify this Agreement and any policies
affecting the Site. Any modification is effective as of the posting of the
change to the Site or distribution via electronic mail or conventional mail,
whichever occurs first. Your continued use of the Site following any
modification of and posting to the Site of this Agreement shall be conclusively
deemed an acceptance of all such modification(s). If any change is unacceptable
to you, you may so notify us before 30 days after such modification(s) are
posted and require us to make the decision that the change will not apply to
you or to refund a pro-rata portion of your subscription fee for the period of
your subscription not yet expired as of the effective date of the modification.
21. Jurisdiction
The terms of this agreement will be governed and construed in
accordance with the laws of the State of Georgia and the United States
applicable to contracts to be wholly performed in Georgia. ANY ACTION
BASED ON OR ALLEGING A BREACH OF THIS AGREEMENT OR OTHERWISE RELATING TO THIS
SITE SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT LOCATED IN FULTON
COUNTY, GEORGIA. IN ANY SUCH ACTION IF WE PREVAIL, WE SHALL BE ENTITLED TO ALSO
RECOVER OUR LEGAL FEES AND COSTS INCLUDING REASONABLE ATTORNEY FEES.
22. General
This Agreement constitutes the entire agreement between you and us
with respect to the Site. Failure by us to enforce any provision of this
Agreement shall not be construed as a waiver of any provision or right. You are
prohibited from engaging in, suggesting or encouraging illegal activity in
connection with our website and we will cooperate with law enforcement
officials as appropriate. In the event that any portion of this Agreement is
held unenforceable, the unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original intentions of
the parties, and the remainder of the provision shall remain in full force and
effect.
23. Termination
SAFBC may terminate this Agreement at any time, with or without
notice, for any reason.
24. Contact Information
HOW TO CONTACT US:
StateAndFederalBids.com
P.O. Box 1476
Decatur, GA 30031
866-459-8947
info@stateandfederalbids.com
@E R A S EStateAndFederalBids.com
