USER
AGREEMENT
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO
BE
BOUND BY THE TERMS AND CONDITIONS OF THIS USER
AGREEMENT.
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This web site, including all of its features and content
(the “Web Site”) is a service made available by BidLink Software Systems, a registered tradename of
Omega Associates, Inc.
(“Provider”) to assist potential Government Contractors in locating bidding
opportunities in the U.S. and NATO markets.
All content, including bidding, RFQ and Government archived data provided
on or through this Web Site (“Content”) may be used solely under the following
terms and conditions herein (“User Agreement”). When you access Content on this Web Site,
logon to your account, or create a temporary user account, you agree to be bound
by the terms and conditions of this User Agreement.
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- Web Site Limited
License. As an approved user you are granted a nonexclusive, nontransferable,
revocable, limited license to access and use this Web Site and Content in
accordance with this User Agreement.
Provider may terminate this license at any time for any reason without
notice. Use of this Web Site or
access of Content by others is prohibited.
- Preliminary Nature
of Web Site. The User
acknowledges that the Web Site and Content are provided for the exclusive
purpose of locating potential U.S. Government and NATO bidding opportunities;
and for researching U.S. Government and NATO archived data. User acknowledges that this Web Site
is currently under development and some features of the Web Site may be
incomplete or unavailable.
While Provider
believes the Web Site will be useful in assisting potential Government
contractors in locating bidding opportunities, Provider does not guarantee the
accuracy or completeness of Content in any way. The User acknowledges that use of the
data provided is at the sole risk of the User. Furthermore it is acknowledged
by User that although Provider maintains an archive of User Input Data,
Provider does not guarantee that any information input by User will be
maintained in the system or be available for retrieval at later dates.
- Privacy. Your use
of this Web Site is subject to Provider’s Privacy Policy as posted on the Web
Site.
- Registration. Use
of the substantive features of this Web Site requires you to register.
Registration constitutes your certification that you are a potential
Government contractor, capable of properly operating this Web Site, and having
sufficient understanding of the U.S. Government and NATO procurement
systems. When registering,
updating registration information, or providing other information required to
use this Web Site, you agree to provide Provider with accurate and complete
information. It is your responsibility to inform Provider of any changes to
that information. Each registration is for a single individual only. Provider
does not permit (a) anyone other than you to use the features of this Web Site
requiring registration by using your name or password; or (b) access through a
single name being made available to multiple users on a network or otherwise.
You are responsible for preventing such unauthorized use, and agree
not to provide your
Logon information to any third party.
If you do so, you are responsible for any changes or charges to your
account, and Provider will not be liable for any issues that may occur as a
result of such use of your account. If you believe there has
been unauthorized use of your account or that your Logon information has been
lost, stolen, or otherwise compromised, you agree to promptly notify Provider
immediately by sending e-mail to Support@BidLink.net.
- Limitations on
Authorized Users. Provider
reserves the right to prohibit use of this Web Site by any individual or
entity. Accordingly, Provider may
block access from particular Internet addresses to this Web Site, disable
registration for some individuals or entities, or disable user accounts. Where an individual or entity has be
notified that they are prohibited from using this Web Site, such individual or
entity shall not attempt to access the Web Site or Content, or attempt
registration, without prior written permission from
Provider.
- Fees, Pricing and Billing. Fees are
charged in accordance with the applicable fee structure as identified on your subscription contract.
For credit card customers, credit card charges will be
billed at the beginning of each billing cycle. Once credit card charges have been applied there will
be no refunds or credits given for any reason. BidLink Software Systems requires written notice
of any cancellation five (5) business days prior to any billing cycle.
To avoid service interruption, credit card customers are responsible for updating credit card
billing information and expiration dates as needed.
If you believe there has been an error related to any charge, if you think your credit card
statement or receipt is wrong, or if you need more information about a fee,
please send e-mail to support@BidLink.net. Users agree to provide written notice
of an inaccurate or disputed charge to Provider within 60 calendar days of the
date of the transaction at issue.
- Computer Requirements. In
this User Agreement, your computer, any software including browsers, and
related equipment, are referred to collectively as your "Computer." You are
responsible for the installation, maintenance and operation of your Computer
and any losses or delays caused by your Computer. This Web Site may be accessed using
only supported browsers. We are
not responsible for any errors or failures caused by any malfunction of your
Computer, and we are not responsible for any computer virus or related
problems that may be associated with the use of this Web Site or your
Computer. You are responsible for
all telephone charges incurred in connecting to the Web Site and for charges
by any service provider providing connection to the Internet. We are not responsible for losses or
delays caused by your service providers.
- Closing Your Account. You
may close your account by notifying Provider in writing, five (5) business days prior to
your next billing cycle. NOTE: If customer cancels account during billing cycle customer
will not be refunded for the remaining portion of that billing cycle. Where an account is inactive for a
period of 12 months or greater, Provider may close the account without
notification.
- Not Legal Advice.
Content and analyses provided by this Web Site are not intended to be and do
not constitute legal advice and no attorney-client relationship is
formed. Any information submitted
to this Web Site will be held in confidence as specified in the Privacy
Policy, but will not be protected by an attorney-client relationship with
Provider.
- Errors, Corrections and Completeness.
Provider does not represent or warrant that this Web Site or its
Content will be complete, error-free, free of harmful components, or that defects will
be corrected, or that incomplete information will be added, or that it will always be accessible.
Any reliance upon any of the informational content (collectively, the "Materials") contained on,
distributed through, or linked, downloaded or accessed from any of the services contained on, Providers website,
shall be at the sole risk of the user. Likewise, Provider does not
represent or warrant that treatment of rules by this Web Site and any
suggested interpretations will be upheld by the U.S. Government , courts, or
other applicable authorities.
Provider may make improvements or changes to its features,
functionality or Content at any time.
- Limitations on
Use. Use of this Web Site or access of Content is available only for its
intended purpose. You may not
decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense,
or create derivative works from this Web Site or the Content. Nor may you use
any network monitoring or discovery software to determine the site
architecture, algorithms employed in analyses, internal workings of the Web
Site, or other site information. You may not use any robot, spider, other
automatic software or device, or manual process to monitor or copy our Web
Site or the Content without Provider’s prior written permission. You may not
copy, modify, reproduce, republish, distribute, display, or transmit for
commercial, non-profit, or public purposes all or any portion of this Web
Site, except to the extent permitted herein. Any unauthorized use of this Web Site
or its Content is prohibited.
- Intellectual
Property Rights. Except as expressly provided in this User Agreement, nothing
contained herein shall be construed as conferring any license or right, by
implication, estoppel or otherwise, under copyright or other intellectual
property rights. You agree that the Content and Web Site are property of the
Provider and are protected by applicable copyrights, trademarks, service
marks, or other proprietary rights and laws.
- Linking to this
Web Site. You may provide links only to the homepage of this Web Site,
provided (a) you do not remove or obscure, by framing or otherwise, any
portion of the homepage, including its advertisements, the User Agreement, or
other notices on this Site, (b) you receive prior written permission from
Provider for such link by sending an e-mail to Support@BidLink.net, (c) you
discontinue providing links to this Web Site if requested by Provider, and (d)
you agree to and abide by any additional terms and conditions of the
permission.
- Advertisers. In
the event this Web Site includes advertising and sponsorship, advertisers and
sponsors are responsible for ensuring that material submitted for inclusion on
this Web Site is accurate and complies with applicable laws. Provider will not
be responsible for the illegality of or any error or inaccuracy in advertisers
or sponsors materials or for the acts or omissions of advertisers and
sponsors.
- Third Party
Content. Third party content may appear on this Web Site or be accessible via
links from this Web Site. Provider shall not be responsible for and assumes no
liability for the statements, opinions, representations, or any other form of
content contained in any third party content appearing on this Web Site. You
understand that the information and opinions in the third party content is
neither endorsed by nor does it reflect the belief of
Provider.
- DISCLAIMER. THIS
WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A)
ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT
NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD
PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH
LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR
OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR
ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR
USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE
CONTENT.
- LIMITATION OF
LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE OR
ITS CONTENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) IN ANY WAY DUE TO, RESULTING
FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB
SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS
PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO
YOU FOR DAMAGES SHALL BE LIMITED TO THE GREATER OF $100.00 OR ANY FEES PAID TO
USE THIS WEB SITE.
- Indemnification.
You agree to indemnify, defend and hold harmless Provider, its officers,
directors, employees, agents, licensors, suppliers, affiliated entities, and
any third party information providers to the Web Site from and against all
claims, losses, expenses, damages and costs, including reasonable attorneys
fees, resulting from any violation of this User Agreement by
you.
- Third Party
Rights. The above-stated provisions of Disclaimer, Limitation of Liability,
and Indemnification are for the benefit of Provider and its officers,
directors, employees, agents, licensors, suppliers, affiliated entities, and
any third party information providers to the Web Site. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
- Unlawful Activity.
Provider reserves the right to investigate complaints or reported violations
of our User Agreement and to take any action we deem appropriate including but
not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to user
profiles, e-mail addresses, usage history, posted materials, IP addresses and
traffic information.
- Remedies for
Violations. Provider reserves the right to seek all remedies available at law
and in equity for violations of this User Agreement.
- Governing Law and
Jurisdiction. The User Agreement is governed by and construed in accordance
with the laws of the State of Ohio and any action arising out of or relating
to these terms shall be filed only in state or federal courts located in Ohio
and you hereby consent and submit to the personal jurisdiction of such courts
for the purpose of litigating any such action.
- Severability of
Provisions. This User Agreement incorporates by reference the Privacy Policy
and constitutes the entire agreement with respect to access to and use of this
Web Site and the Content. If any provision of this User Agreement is unlawful,
void, or unenforceable, that provision shall be deemed severable from the
remaining provisions and shall not affect their validity and enforceability.
- Modifications to
User Agreement. Provider reserves the
right, at our discretion, to change, modify, add, or remove portions of
the User Agreement at any time. Updated versions of the User
Agreement will appear on this Web Site and are effective immediately. You are
responsible for regularly reviewing the User Agreement. Continued use of this
Web Site, accessing your account, or creating new applications after any such
changes constitutes your consent to such changes.
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