We may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Site after we post changes to the Terms or Software after downloading any updates thereto constitutes acceptance of the Terms as modified. It is your responsibility to regularly review the Terms.
2. License to Use/ Restrictions
To the extent necessary to utilize the services provided by the Site and Software and subject to the payment of any fees due based on the fee schedule or Qbidding™ tool set forth at [link to fee schedule/Qbidding tool](which is incorporated herein) and to compliance with the Terms, the Owner grants each User a license to use the Site and Software (including the Qbidding Tool) for its own internal business purposes, including for the development of designs and specifications for construction projects for itself and on behalf of the User’s customers. Notwithstanding the foregoing, you may not (i) use the Site or Software in any jurisdiction where export or use is prohibited under U.S. law; (ii) sublicense or resell the Site or Software, or any component thereof, to any other person; or (iii) modify the Site or Software. Prohibitions under U.S. law can be found at www.pmddtc.state.gov or www.bis.doc.gov.
3. Intellectual Property Rights
The Owner and / or its licensors or suppliers owns all rights to the Site, the Software, and all services, technology, information, documents, files, webpages, and other products provided by Qnect in connection with the Site or Software or available on the Site. Qnect and/or its software suppliers or licensors own or license all text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software and such content is protected by U.S. and international copyright and other intellectual property rights. The Site’s selection, coordination and arrangement of content on the Site are the exclusive property of the Owner, and are protected as a compilation by U.S. and international copyright laws. All Software used on the Site, downloaded from the Site, or used in conjunction with its operation and provided by the Owner is the property of the Owner and/or its software suppliers and is protected by U.S. and international copyright laws.
4. Conduct of Users
Your right to access and use the Site and Software is subject to the following prohibitions:
Failure to abide by these restrictions may result in sanctions including termination of your user privileges on the Site and cancellation of your account, as well as legal sanctions, if applicable.
5. User Accounts; Security
As a User, you must create an account to access certain features of the Site. You are responsible for making sure that your account is accurate and up-to-date, particularly if you change employers or email providers. If you forget your password and do not have access to the email account that we have on file for you, you may not be able to gain access to your Site account. You are also responsible for maintaining the confidentiality of your password and account. You are responsible for all activities that occur on your account, whether or not you authorize them You acknowledge that the Owner relies on your email address to keep you apprised of certain information on the Site. If the Owner attempts to contact you and finds that your email address is inoperable, your Site account may be suspended.
You agree to manage your account in a safe and reasonable manner. You agree to notify the Owner immediately of any unauthorized use of your password or account, or any other breach of security. You expressly agree that the Owner will not be liable for any loss or damage arising from your failure to comply with these requirements.
We use commercially reasonable security measures to protect the loss, misuse and alteration of the information under our control. Although we make a good faith effort to store the non-public information collected by the Site in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing the Site.
6. Third Party and Affiliated Websites
7. Users from Outside the United States
The Site is maintained by Owner on computers located in the United States of America. You represent that any material or information which you provide to the Owner (i) is provided in compliance with the laws of any other applicable countries, including your country of residence and citizenship and any country with jurisdiction over the material or information; (ii) that you have the right to transfer such material or information to the United States; and (iii) that such material or information is not subject to any restriction arising out of the laws of any jurisdiction other than the United States. If you live outside the United States, you understand and agree that the Owner stores and processes your information on computers located in the United States, and by providing any data to the Owner, you consent to the transfer of such information to the United States.
8. Digital Millennium Copyright Act
If you believe that any content on the Site infringes upon your copyrights, including but not limited to User Content, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
The Site’s designated Copyright Agent to receive notifications of claimed infringement is: Laura Patrick, firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
9. Legal Age; Ability to Accept Terms
The Site is not intended for children under the age of 18. By using the Site, you affirm that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms. If you are under 18, please do not post User Content or otherwise use this Site.
From time to time, the Owner uses its users’ email addresses to send email notices about matters relating to the Site. Users are responsible to keep email addresses current. Failure to keep email addresses current may result in users not receiving notices sent by Owner.
11. Account Termination / Data Maintenance
This agreement and the licenses granted hereunder are terminable at will by Owner. The Owner reserves the right to terminate or restrict your account or your access to and use of the Owner’s or Site’s services at any time, at the Owner’s sole discretion for any reason, with or without cause. If you violate these Terms, the Owner, in its sole discretion, may also require you to remedy any violation of the Terms, and/or take any other actions that the Owner deems appropriate to enforce our rights and pursue all available remedies. The Owner shall not be liable to you or any other person if the Owner terminates or restricts your account or your access to or use of the Site or Software. Further, the Owner makes no representation that any data provided in connection with the use of the Site and Software will be maintained or preserved for any set period of time.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND SOFTWARE IS PROVIDED BY THE OWNER ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SOFTWARE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND SOFTWARE, AND DO NOT WARRANT THAT ANY PRODUCT DESCRIPTIONS OR OTHER CONTENT ON SITE OR IN THE SOFTWARE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, THE SOFTWARE, ITS SERVERS, OR EMAIL FROM THE OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF INFORMATION OR SERVICES MADE AVAILABLE TO YOU BY THE SITE OR SOFTWARE OR PROVIDED BY YOU TO THIS SITE OR TO OTHERS VIA THE SITE.
UNDER NO CIRCUMSTANCES SHALL THE OWNER BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SITE OR SOFTWARE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SOFTWARE, FROM INABILITY TO USE THE SITE OR THE SOFTWARE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SOFTWARE, OR VIEWING THE MATERIAL IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. OWNER CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF MATERIAL ON ITS SITE, OR THE COPYING OF MATERIAL BY ITS USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH OR FROM THE SITE OR THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
THE LAWS OF CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold the Owner, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, volunteer editors, volunteer moderators, service providers, and suppliers harmless from any dispute that may arise from your breach of the Terms or violation of any representations or warranties contained in the Terms. You also agree to hold said parties harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to any content you provide to or via the Site or Software or any data you store via the Site or Software.
14. Reservation of Rights
You may access Site content and Software only as permitted under the Terms. We reserve all rights not expressly granted in and to the Site and Software. We reserve the right to discontinue any aspect of the Site or to limit access to any or all of the Site or Software at any time, including through the use of disabling keys or other electronic means.
The Terms and this agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts, exclusive of its provisions on conflicts of laws. The Terms contain the entire agreement between you and us and govern your use of the Site and Software. The Owner may also assign any rights and licenses granted in the Terms without restriction. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Owner services, affiliate services, third-party content, or third-party software.
In the case of inconsistencies between the Terms and any information included in off-line materials, the Terms shall take precedence. Any claim or dispute with Owner arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in The Commonwealth of Massachusetts. If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. You understand and agree that if you have any claim or dispute with the Owner, you are required to initiate any cause of action arising from or related to your use of the Site or Software within one year from the date that the dispute first occurred. If you fail to bring an action within that one year period, your claim against the Site and/or Owner is permanently barred. The Owner may transfer, sub-contract or otherwise deal with the Owner’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. The individual accepting these terms and conditions represents that he or she has authority to do so on behalf of any employer or other entity on whose behalf such individual is using the Site or Software.