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Terms of Use

This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before acceptance.

ACCEPTANCE OF TERMS
This Agreement provides the general terms and conditions (the "General Terms and Conditions") applicable to all services (the "Services") offered by Construction Bidboard Inc. ("CBI"), to you through its Web sites located at www.theweeklybidflash.com, www.constar.com and www.ebidboard.com (together, the "Site"). By accessing or using this Site, which includes your access to or use of any of the Services, you accept without limitations or qualifications to the Terms of Use. CBI reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, or entering sections of the Site for Members, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site. This Agreement is void where prohibited by law, and the right to access the Site and Materials is revoked in such jurisdictions. CBI maintains this Site for your use and grants you the permission to use and view the Site subject to these Terms of Use.

LIMITED COPYRIGHT LICENSE
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, CBI and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of CBI.

Use of Software.
The software and accompanying documentation that are made available to download from this Site are the copyrighted work of CBI and/or its licensors or suppliers. The Terms of Use, any additional terms or end user license agreements that accompanies or is included with such software, or that are set out below govern use of the software. You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of such end-user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of any of the software available on or through the Site, unless, and only to the extent that, applicable law prohibits contractual limitations upon your right to do so, and then only after you have notified CBI in writing of your intended activities. You may not modify, copy, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, software, designs, drawings, content, products or services from the Site (together “Content”) in any form without CBIs prior written permission.

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, download, and print the documents and information available on this Site subject to the following conditions:

  1. The documents and information may be used solely for personal, informational, and internal purposes.
  2. Except as expressly permitted, the documents and information may not be modified or altered in any way.
  3. Except as expressly permitted, the documents and information on the Site may not be distributed.
  4. You may not remove any copyright, trademark or other proprietary notices contained in the documents and information.
  5. CBI reserves the right to revoke the authorization to view, download, and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from CBI.
  6. The rights granted to you constitute a limited license and not a transfer of title.

The rights specified above to view, download and print the documents and information available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections on CBI put in place to restrict access to certain parts of the Site.

REGISTRATION AND MEMBER INFORMATION
Certain portions of the Site are only available to individuals and entities that have become registered members of CBI as described in these Terms of Use ("Members"). The services or materials available to Members may include services provided by CBI and by third parties ("Associates"). To become a Member of CBI you must submit a complete CBI registration form. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, and (b) you personally are signing up as a Member, or (iii) that you are signing up as a Member on behalf of an entity you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate. Member must update registration information to ensure that it continues to be current, complete, and accurate. CBI reserves the right to accept or reject Member registrations for CBI.

Upon acceptance of Member's registration form, CBI shall provide to Member a Username and password. Upon Member's receipt of that Username and password, CBI authorizes Member to access and use CBI subject to the Terms of Use.

RENEWAL & CANCELLATION
Non-paying members may cancel at anytime. Paying members must give (30) days notice prior to the end-date of subscription to cancel. Once you do so, however, you won't be able to access any Members-only area of CBI. To delete your account, please contact support@ebidboard.com, and be sure to include your CBI Username and password. We will provide complete instructions on deleting or deactivating your CBI account.

Member subscriptions automatically renew for a successive twelve (12) month term unless canceled in writing by Customer at least thirty (30) days prior to the end of term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Customer's account.

USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account Username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password or Username assigned to Member, or any breach of security through Member's account, then Member shall notify CBI immediately by contacting CBI at support@eBidboard.com.

USE BY MEMBERS
Member may use the Site in accordance with this Terms of Use Agreement, including CBI's "Acceptable Use Policy", which is available at the end of this Agreement. Member shall use CBI only for the direct benefit of Member's internal business operations, and shall not resell project management, hosting or any other services on behalf of any third parties. With respect to information available on the Site, Member may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to Member's employees and so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, Member shall not (i) reproduce or distribute any information available through the Site, electronically or otherwise, or (ii) store or aggregate that information. Member shall not share, rent, or sublicense any of its rights under this Agreement to any other party.

This Site can be accessed from other countries around the world and may contain references to CBI products, services, and programs that have not been announced in your country. These references do not imply that CBI intends to announce such products, services, or programs in your country.

CONSENT TO AGGREGATE USE OF MEMBER INFORMATION
In order to make various features and functions of Services and Materials available to Members, CBI may collect information about Member and Member's use of CBI, including the information identified in CBI's privacy policy ("Member Information"). Member acknowledges and agrees that CBI's collection and use of Member Information as set forth in the privacy policy, and CBI's operation and provision of CBI, as contemplated under this Terms of Use Agreement, is not a breach of Member's right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. Member hereby waives any and all such claims or rights of action, whether foreseen or unforeseen, so long as the Member Information is collected, stored, and used in accordance with CBI's privacy policy, or in the case of Members making use of Materials or Services provided by CBI Associates, the privacy policy of such Associate.

RELIABILITY OF MATERIALS AND SERVICES
Materials and Services available on or through the Site are routinely updated, and CBI uses commercially reasonable efforts to ensure that such information is reliable. However, Member understands and acknowledges that CBI does not control the posting or content of all the Materials, nor will it verify the timeliness or content of Materials. CBI expressly disclaims any responsibility or liability for any third-party Materials or Services on the Site, or any third-party information or services available through a link from CBI.

LINKS TO OTHER INTERNET WEB SITES
This Site contains links to third-party Web sites that are not under the control of CBI. CBI makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of CBI Associates. When you access a non-CBI Web site, you do so at your own risk and CBI is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. CBI provides these links merely as a convenience and the inclusion of such links does not imply that CBI endorses or accepts any responsibility for the content or uses of such Web sites.

SUBMITTED INFORMATION
Responsibility for Submissions. You are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to CBI through the Site. You may only submit to the Site, content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.

CBI does not want to receive confidential or proprietary information from you through the Site. Any non-personal unsolicited information or material sent to CBI will be deemed NOT confidential, and by sending such information you hereby grant CBI an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that CBI is free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. Personal information, such as names, address, telephone numbers, etc., will remain subject to CBI's Privacy Policy.

MEMBER CONTENT
Member Obligations and Warranties. For any information, materials, or documents of any kind submitted or placed on the Site ("Member Content"), Member shall obtain any and all licenses to, or releases of intellectual or proprietary rights in or to the Member Content before delivery to the Site. Member warrants that Member Content will not contain content that (i) is libelous, obscene, excessively violent, scandalous, or defamatory, (ii) contains viruses or other contaminating or destructive features, (iii) violates the personal, proprietary, or intellectual property rights of any third party, or (iv) violates the Acceptable Use Policy set forth herein.

License for Member Content.
Certain Services offered on the Site accommodate or require Member Content. By submitting Member Content to the Site, you will grant CBI the following licenses:

  • For Member Content including, but not limited to, documents, files, images or other material stored on the Site, you hereby grant CBI a worldwide, royalty-free, non-exclusive license to reproduce and modify, for purposes of formatting, maintenance, or Site administration only, such Member Content. This license will remain in effect until such Member Content is removed from the Site.
  • For Member Content such as comments to the CBI user forums, bug reports, piracy reports, or product suggestions, you grant CBI an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such Member Content, and you also agree that CBI is free to use any ideas, concepts, know-how, or techniques that you submit to the Site for any purpose. By virtue of these licenses, CBI only obtains the rights set out in the license grants and does not obtain any additional right, title, or interest to any copyright, patent, trademark, or other intellectual property right in or to the Member Content. Except to the extent your name or identity is disclosed by or through the configuration of your internet browser or e-mail software or other systems used by you during any submissions to or participation in user groups, user forums, chat rooms, or similar services, CBI will not release your name or otherwise publicize the fact that you submitted such Member Content to the Site unless:
    • you grant CBI permission to do so;
    • the Member Content itself discloses your name or identity;
    • CBI first notifies you that the Member Content you submit to a particular part of the Site will be published or otherwise used with your name on it;
    • the Member Content you submit has become the subject of a claim that, if true, would constitute a breach of your warranties set for herein; or
    • CBI is required to do so by law.
  • CBI may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for Member Content. CBI shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.

Use of Member Content.
By using the Site, you acknowledge that: (i) CBI may not pre-screen Member Content and, as such, CBI does not guarantee the accuracy, integrity, or quality of such Member Content; (ii) you will evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content; (iii) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will CBI be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damages or any kind incurred as a result of the use of any Member Content.

Right to Remove or Disable Access and Advertisements.
If CBI is made aware of Member Content or advertisements that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or that CBI determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein, CBI has the right, but not the obligation, to remove or disable access to that Member Content. For Member Content that Member reasonably deems to be in violation of law, CBI shall remove such Member Content pursuant to CBI's Copyright Policy herein.

NOTIFICATION OF COPYRIGHT INFRINGEMENT
CBI will, in appropriate circumstances, terminate the accounts of Members involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide CBI's Copyright Agent a Notice containing the following elements:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
  2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
  3. A description of where the material that you claim is infringing is located on the CBI site.
  4. Information sufficient to permit CBI to contact you, such as your physical address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
    CBI's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
    • By mail: Construction Bidboard, Inc. 11622 El Camino Real, Suite 100, San Diego , CA 92130
    • By telephone: 1.800.479.5314
    • By fax: 1.619.688.0585
    • By email: copyright@eBidboard.com

THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO info@eBidboard.com

WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND CBI, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CBI MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. CBI MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND CBI MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

CBI ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF CBI'S ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL CBI OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF CBI'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CBI OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL CBI'S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED TEN THOUSAND U.S. DOLLARS.

MEMBERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR CBI ENTERING INTO THIS AGREEMENT.
TERM AND TERMINATION

This Agreement is effective as of the date you make use of the Site, or, in the case of Materials and Services accessible only to Members, the date a Member receives a Username or password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or, in the case of a user that has not become a Member, immediately upon such users breach of any of the Terms of Use. CBI may terminate this Agreement effective upon written (or emailed) notice to Member if Member materially breaches any of the terms or conditions of the Terms or Use that is not cured within ten (10) days after notice from CBI. CBI reserves the right to suspend access to and use of the Site pending cure of a Member's breach. In addition, CBI or a Member may terminate this Agreement, for any reason or for no reason, upon thirty (30) days notice to the other. Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, Member shall cease to access or to use any information obtained through CBI.

The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.

INDEMNITY
At CBI's option and request, Member shall, at its own expense, indemnify, defend, and hold CBI and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Member and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for CBI to remove or disable access to any Member Content in or on the Site. Member shall not enter into a settlement of the foregoing without CBI's prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from CBI.

ENTIRE AGREEMENT
This Terms of Use Agreement constitutes the entire agreement between you and CBI with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and CBI. This Agreement may be modified only by a signed agreement, or as follows: CBI may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If Member continues to use the Materials, Services, or Site, then Member will be considered to have accepted the modifications.

MISCELLANEOUS PROVISIONS
CBI's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

CBI will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of CBI including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.

GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by CBI from its offices within the state of California , United States of America . By accessing this Site, you and CBI agree that the statutes and laws of the State of California , without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and CBI also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County and the United States District Court for the Southern District of California with respect to such matters. CBI makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

SECURITY PRIVACY STATEMENT TERMS OF USE