POLICY TERMS and CONDITIONS. ContractPower, LLC (CPBID) provides the information and services on its World Wide Web site [LOCATED AT www.CPBID.com], or as otherwise located from time-to-time (the “Site”) under the following terms and conditions. By accessing the Site, you indicate your acceptance of these terms and conditions. CPBID reserves the right to modify this Policy at any time. You are encouraged to check the Policy on the Site each time you access the Site. Your continued use of this Site indicates you agree to the terms of the most current version of this Policy, as amended from time-to-time.
Your access to the Site is conditioned upon your compliance with this Policy, as amended from time-to-time, and your compliance with all agreements that you have entered into with CPBID.
1. LAWS AND REGULATIONS. Your access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Site in any way that violates such laws or regulations.
2. COPYRIGHT AND TRADEMARKS. The information available on or through this Site, along with all graphics, images, text, information, sounds and other content (collectively “Content”) is the property of CPBID, or its licensors, and is protected by copyright, trademark, service mark and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any Content available on or through this Site for commercial or public purposes. All rights, title and interest in the trade dress, selection, coordination, arrangement and enhancement of the Content are specifically reserved to CPBID or its licensors. Your internal reproduction of the Site is permitted only to the extent necessary to allow you to utilize the Site. Permission is granted to electronically copy and print hard copies of pages from the Site solely for personal non-commercial purposes, and any such copies must bear the copyright notice included on each Web page. You may not “deep link” or frame any pages on the Site. You may not use the trademarks, logos and service marks (“Marks”) associated with the Site for any purpose, including, but not limited to use as “hot links” or metatags in other pages or sites on the World Wide Web without the written permission of CPBID or its licensor.
3. TAMPERING. You agree not to modify, move, add to, delete or otherwise tamper with the information contained in the Site. You also agree not to decompile, reverse engineer, disassemble or unlawfully use or reduce any of the software or other proprietary information contained in the Site.
4. THIRD PARTY INFORMATION. Some of the information on the site is supplied by you or agents, servants, employees, independent contractors, and contract partners.
(A) You warrant and represent to us that any information you provide to CPBID for posting on the CPBID site is true, complete and accurate. You agree to notify CPBID immediately in writing when the information provided by you ceases to be true, complete or accurate and to correct or update the information posted on CPBID.
(B) CPBID has not evaluated nor investigated any of the companies listed on the CPBID site to determine their merit, viability or risk. CPBID simply provides information about each company, as each company has provided it to CPBID. CPBID does not endorse any company listed on the CPBID site. It is the responsibility of you, the user, to investigate the companies listed. CPBID does not certify or warrant the status, licensing, incumbency or financial viability of any third party mentioned or referred to on the Site.
(C) The listing of projects on the CPBID site does not constitute an offer to solicit or bid the projects. CPBID makes no representation that the information contained in the offering documents or specifications are necessarily true, accurate or complete. CPBID has made no effort to determine the claims, accuracy or completeness of the information contained herein.
(D) It is the duty of the parties soliciting the bids on the projects to ensure that all offers and bidding of projects are made in compliance with applicable federal and state laws and reporting requirements and CPBID takes no responsibility for such compliance. In addition, you certify that you possess the knowledge and experience in commercial construction procurement matters and are capable of evaluating the merits and risks of prospective projects and you will seek assistance from your attorney, accountant and professional financial advisor before entering any agreements.
CPBID DOES NOT CONTROL, REVIEW, MONITOR OR MAINTAIN SUCH CONTENT AND CPBID MAKES NO WARRANTY AS TO THE ACCURACY OR APPROPRIATENESS OF SUCH INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT CPBID IS NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIS CONTENT IN ANY WAY.
5. LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites. The links are only provided as a convenience and CPBID does not endorse any of these sites or the contents, advertising, products and services available on or through such sites. CPBID assumes no responsibility or liability for any material that may be accessed on other Web sites, even if reached through this Site, nor does CPBID make any representation regarding the quality of any product or service contained on or through any such site.
6. LINKS FROM THIRD PARTY SITES. CPBID prohibits unauthorized links to the Site and the framing of any information contained on the Site or any portion of the Site. CPBID reserves the right to disable any unauthorized links or frames. CPBID has no responsibility or liability for any material on other Web sites that may contain links to this Site.
7. NO WARRANTIES. INFORMATION AND CONTENT PROVIDED ON OR THROUGH THIS SITE, WHETHER ORIGINAL TO CPBID OR FROM THIRD PARTIES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CPBID DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE. CPBID PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION AND DOCUMENTS ON THIS SITE WITHOUT NOTICE. CPBID DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL CPBID BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF CPBID WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CONTRACT’S ONLINE LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. In the event that CPBID breaches or violates any provision of this contract, its liability is limited to, in the discretion of CPBID either (1) the return of all monies paid to CPBID or (2) repair or replacement of the defective software.
9. INDEMNIFICATION. By accessing the CPBID site and the service provided thereby, you agree to fully indemnify, defend and hold harmless CPBID, its affiliates, employees, agents, information providers, licensors and licensees from any and all claims of any kind arising out of any information listed on the CPBID site, or the use of CPBID services in general.
10. PRIVACY. Protecting the privacy of our clients and users of our Sites is important to CPBID. The CPBID Internet Privacy Statement describes how we use and protect information you provide to us.
11. SECURITY. CPBID uses commercially reasonable efforts to encrypt data transmitted to and from CPBID client Sites and to implement firewalls or similar measures for your protection. However, the security of information transmitted through the Internet can never be guaranteed. CPBID is not responsible for any interception or interruption of any communications through the Internet and Site or for changes to or losses of data. The notification of a potential breach of the customer’s security should be reported to CPBID in writing. CPBID should have no liability for damage to the customer arising from the breach of security until CPBID receives such written notice thereof. Upon receipt, CPBID should be empowered to immediately suspend functionality and use of the Site and may, in its sole discretion and within 72 hours of written notice, provide alternative Site access to the customer.
12. USER ACCOUNTS. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. You may not make this password available to others or use the password(s) of others to gain access to such areas. If you think you have compromised your password, you must contact CPBID immediately. In order to protect you and your data, CPBID may suspend your use of any Site, without notice, pending an investigation, if any breach of security is suspected.
13. TRANSMISSION OF NONPUBLIC DATA. You acknowledge and agree that by providing CPBID with any nonpublic information through the Site, you consent to the transmission of such nonpublic information over international borders as necessary for processing in accordance with CPBID’s standard business practices and the CPBID Internet Privacy Statement .
14. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of any password protected or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
15. JURISDICTION/GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with the laws of the State of Florida, USA, and applicable federal laws without regard to conflicts of law principals. You understand and agree that any and all proceedings relating to this Site and the subject matter contained herein shall be maintained in the courts of the county of Palm Beach in the state of Florida or the federal district courts sitting in the county of Palm Beach in the state of Florida, which courts shall have exclusive jurisdiction for such purpose.
16. USE. You will not use the Site in violation of any applicable laws or regulations. You agree you will not: interfere with or compromise the operation of the Site or intercept, redirect or interfere with messages or data intended for transfer to other parties; access without authorization any computers, accounts or networks or penetrate any security measures; transmit or distribute destructive information, such as a virus, or engage in mail bombings or distributed denial of service attacks.
17. TERMINATION OF ACCESS; REMEDIES. Either party can cancel the contract with written 30 day notice. Further, in the event of any breach or threatened breach, CPBID may suspend and/or terminate your access to and use of the Site without notice. You understand and agree that CPBID shall be entitled to injunctive relief and other equitable and legal remedies.
18. ATTORNEYS’ FEES. In the event of any dispute, litigation, or arbitration involving any of the terms and provisions of this Contract or the performance or lack thereof, the prevailing party shall be entitled to recover its attorney’s fees and costs on both the trial and appellate level..
19. NO WAIVER; SEVERABILITY. Any failure by CPBID to enforce any of its rights under this policy or applicable laws shall not constitute a waiver of such rights. If any provision of this policy shall be deemed unlawful or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this policy and shall not affect the validity and enforceability of any remaining provisions hereunder.
20. CONTACT INFORMATION. The contact information for CPBID Technologies is:
800 Village Square Crossing PMB#204
Palm Beach Gardens, FL 33410