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DataBid - Terms of Use

DATABI_FAVICON-114

Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. DataBid, Inc. reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
The services that DataBid, Inc. provides to you are subject to the following Terms of Use (“TOU”). DataBid, Inc. reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

Materials for Limited Use

This Site contains graphics, images, artwork, text, fonts, data, names, numbers, physical addresses, web addresses, email addresses, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of DataBid, Inc., and/or its subsidiaries (referred to herein as “DataBid, Inc.”) or the copyrighted property of parties from whom DataBid, Inc. has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. DataBid, Inc. reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through DataBid, Inc. (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Information from DataBid, Inc. does not entitle you to use any portion of Content apart from the finished Products as they are supplied by DataBid, Inc. The User may, free of charge and on an occasional basis, make up to 10 copies in paper form of an individual article appearing in the (www.databid.com) website for non-commercial use provided the User includes all copyright and other proprietary rights and notices that appeared on the original and includes a notice indicating that DataBid, Inc. is the source of the material. The User may not disseminate any portion of the (www.databid.com) website through electronic means, including mail lists or electronic bulletin boards, without the prior consent of DataBid, Inc. Except as expressly permitted in this Agreement, the (www.databid.com) website may not be reproduced, transmitted, or distributed without DataBid, Inc.’s prior written permission. The User may not commingle any portion of the website with any other information and shall not edit, modify, or alter any portion of the website. All of the (www.databid.com) Content is either the property of DataBid, Inc. and its affiliates (collectively, “DataBid, Inc”) or is licensed to DataBid. DataBid, Inc. and its licensors retain all proprietary rights to the (www.databid.com) website Content. The User shall honor all reasonable requests by DataBid, Inc. or its affiliates to protect DataBid, Inc. and its licensors` proprietary interests in the website.

The following actions are strictly prohibited:

1.Use the (www.databid.com) website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the (www.databid.com) website, any data or content found on or accessed through the (www.databid.com) website, without prior express written consent of DataBid, Inc.
3.Violate any measure employed to limit or prevent access to the (www.databid.com) website or its content;
4.Violate the security of the (www.databid.com) website or attempt to gain unauthorized access to the website, data, materials, information, computer systems or networks connected to any server associated with the (www.databid.com) website, through hacking, password mining or any other means;
5.Impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
6.Interfere with, attempt to interfere with or otherwise disrupt the proper working of the (www.databid.com) website, any activities conducted on or through the (www.databid.com) website or any servers or networks connected to the (www.databid.com) website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the (www.databid.com) website.
7.Use the (www.databid.com) website to stalk or harass another. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. DataBid, Inc. may terminate its service to customers found to be using DataBid, Inc. to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize DataBid, Inc. to produce the Products on your behalf.

Use of Site

You may not use this Site to market in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards & Spam. DataBid, Inc. reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Indemnification

You agree that you shall indemnify and defend DataBid, Inc. and all parties from whom DataBid, Inc. has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content. The User agrees to indemnify DataBid, Inc. from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which DatBid, Inc. and its employees and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the (www.databid.com) website with the use of the User's screen name or password. DataBid, Inc. reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify DataBid, Inc. in which event the User shall have no further obligation to indemnify with respect to that particular matter. The Terms of Use, and your relationship with DataBid, Inc. under the Terms of Use, shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. You and DataBid, Inc. agree to submit to the exclusive jurisdiction of the courts located within Newtown, Pennsylvania to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DataBid, Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

User Responses, Feedback and Submissions

All comments, feedback, postcards, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to DataBid, Inc. on or by the DataBid, Inc. Web Site (www.databid.com) or otherwise disclosed, submitted or offered in connection with your use of the DataBid, Inc. Web Site (www.databid.com) , such as an invitation-to-bid or bid (“ITB/RFQ”) (collectively, “Comments”) shall be and remain DataBid, Inc. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to DataBid, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, DataBid, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. DataBid, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments or any other submission, including any ITB/RFQ i.e. notes/ responses, submitted by you to the DataBid, Inc. Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments or other submission submitted by you to the DataBid, Inc. Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Information You Supply

You may provide company information such as but not limited to subcontractor and/or supplier E-Mail addresses, fax numbers and/or contact information to be added to the DataBid, Inc. Website (www.databid.com) database in connection with your use of DataBid, Inc. Website (www.databid.com). You certify that this company information is accurate, you have a current business relationship with any and all companies that you provide to DataBid, Inc. and you request and authorized DataBid, Inc. to contact each of the companies on your behalf, via facsimile, E-Mail or otherwise, in connection with the distribution of bid invitations, construction project information and/or any other messages sent through DataBid, Inc. DataBid, Inc. requires that the information you provide be true, accurate and up-to-date at all times. This includes, but is not limited to, information within an ITB/RFQ, any representations made regarding qualifications and competency to respond to such ITB/RFQ’s posted, information concerning intellectual property ownership and rights thereto. In addition, you agree that no ITB/RFQ/RFQ, response to an ITB/RFQ or any other communication transmitted by you or on your behalf through DataBid, Inc. (including through the DataBid, Inc. Web Site Email or by facsimile) will contain any advertisement or material advertising the commercial availability or quality of any property, goods, or services. We reserve the right to terminate your registration and access to our site if any information provided does not meet these requirements at any time.

DataBid, Inc. assumes that you are the owner of, and/or have received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data you make available to DataBid, Inc.. You are responsible for ensuring that the owner of the information has given you the permission to make the information available to other parties, whether to the general public or to specific groups or individuals. This permission must be royalty-free and grant the person(s) who see the information the non-exclusive right-to-use, transmit, modify, or display it as may be required to respond to a ITB/RFQ.

Registration

As part of the registration process, you must select a screen name and password and provide DataBid, Inc. with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.

Project Update and Email Notifications

As a subscriber or listed company showcased in any of our online publications, we may send you service, project, or company related email messages, which are generally not promotional in nature, but are necessary to fulfill the Service. An example of this: we will send you Daily Project Email Alerts and updates on projects that are bidding within your selected scope of work. Another example would be: to receive project invites by other members of the site that request you to view or bid projects of interest or scope. We will send you service-related announcements, which are not promotional in nature, on occasions when it is necessary to do so. For example, if our service is temporarily suspended for maintenance, we may send you email notification.

Project Documents

Documents posted on DataBid.com are for informational purposes only and are not intended for use in actual bidding. DataBid assumes no responsibility for the accuracy of document information or timeliness of documents posted. After review, if your intent is to bid the project, registration with the tendering authority is necessary to secure bidding documents. Registration may be required to have your tender recognized as compliant and to ensure all relevant information is received. DataBid does not guarantee that addenda will be delivered by any means, including email, to any bidder nor are we responsible for computer malfunctions or delays, therefore it is the bidder’s sole responsibility to check the tendering authority website or secure registration for any addenda prior to bid closing.

If you have any questions regarding these Terms, please contact: info@databid.com

Email Consent

We may provide you the opportunity to opt-in to additional newsletters or promotional communications sent by email. If you have opted in or made request in person or at a tradeshow you may receive these forms of communication, we will use your name and email address to communicate with you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out” section. Choice/Opt-out: Service-related email messages are required to fulfill the Service to you. You may opt out of these communications, which are not promotional in nature. If you do not wish to receive them you may opt-out and/or deactivate your account by following the instructions included in each communication. We may provide you the opportunity to opt-in to additional newsletters or promotional communications sent by email. If you have opted in or otherwise qualify to receive these forms of communication, and no longer wish to receive our newsletter or other promotional communications by email, you may opt-out of receiving them by following the instructions included in each communication.

By logging in, submitting any form on the DataBid.com website, agreeing to the terms of use upon initial login, saving or tracking projects, saving or tracking companies, creating any type of email alert/ notification, or requesting information from DataBid.com (DataBid Inc.):

You are giving express consent to DataBid, DataBid.com, (DataBid Inc.) and its affiliates to send you or anyone on viewing emails at the email address you provided email notifications. These notifications may include but are not limited to; special offers, project alerts, company alerts, related news, and product enhancements. You may opt out of emails anytime by clicking the unsubscribe link located in DataBid email notifications or contacting DataBid to unsubscribe via email. To unsubscribe by email simply send your request with the word UNSUBSCRIBE in the subject and body of the email. You must send your request to: unsubscribe@databid.com. Do not reply to system generated emails as these accounts are unattended transactional and notification based emails. Your express consent will be stored.

Customer Contact

We will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We may communicate with you by email, fax, or telephone.

Disclaimer of Warranty

The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided “as is” without warranty of any kind, either expressed or implied.

Limitation of liability

In no event shall DataBid, Inc. Or its licensors, suppliers, or vendors, their officers, directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not DataBid, Inc. Has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from DataBid, Inc. Or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall DataBid, Inc. Be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this site or its content.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to DataBid, Inc. in connection with the operation or content of this Site shall be provided by the submitter and received by DataBid, Inc. on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of DataBid, Inc.. By submitting any such information to DataBid, Inc., you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that DataBid, Inc. shall be free to use such information on an unrestricted basis.


The DataBid, Inc. website is published, owned and operated by DataBid, Inc.

All content presented within this internet site is the sole property of DataBid, Inc. and is intended for the private use of its customers. The information you receive from DataBid, Inc. may not be reproduced or transmitted in any form or by any means, electronic or mechanical in whole or in part, without the written permission and consent from DataBid.


DataBid, Inc. verifies and confirms all data, but is not responsible for the accuracy or completeness of any information. DataBid, Inc. assumes no liability resulting from the use of data provided. DataBid is not responsible for content linked to locations outside of this site.

Sharing Account Information

Sharing your personal DataBid, Inc. account information is against our licensing policy and terms of service. DataBid, Inc. employs various methods to ensure user licenses are not violated. DataBid, Inc. does track IP addresses to help in identifying any foul play. If a violation is found, you may be subject to immediate account termination. In addition, all monies paid will not be refunded and additional fees may occur. To purchase additional user licenses for your account please contact us at 888-929-3282.

Billing Policy

In order to maintain continuity and to avoid interruption in service i.e. prevent subscriber(s) from missing important time sensitive bid information, DataBid will automatically renew subscription on renewal date. To avoid auto renewal, subscribers are required to Cancel account prior to renewal date via “My Account” by selecting the "Cancel Subscription" link. Any account cancelled after renewal date will be cancelled effective the next renewal date.

Credit Card Update Service

What does the credit card update service do?
The credit card update service aids in update expiring credit cards associated with DataBid subscriptions. This service helps ensure continuity of your DataBid service.
Who else uses this type of service?
Automatic credit card updating is a common practice among many large corporations like Netflix Intuit and Symantec just to name a few.
Why does DataBid offer the credit card auto service?
We understand that DataBid plays a crucial role in running your business and our goal is to avoid any lapses in service. For this reason, we'll provide a failure of renewal email to alert you to our failed attempt at renewing your account.
What does this mean for you?
The credit card update service will be used for all DataBid companies and isn't something of which you can opt out. The update service is free of charge and requires no additional involvement on your end. If it's successful, your credit card will be updated instantaneously. It if fails, to avoid interruption to your service, you'll need to update your credit card by contacting us at: 888-929-3282. That's all there is to it!

Term and Termination

This Agreement will continue until terminated by either DataBid, Inc. or you. The Agreement can be terminated by either party by notifying the other party by telephone, email or by cancelling account prior to renewal date via “My Account” by selecting the "Cancel Subscription" link. Any account cancelled after renewal date will be cancelled effective the next renewal date. DataBid, Inc. may discontinue or change the (www.databid.com) website, or its availability to you, at any time.

Cancellation Policy

Services will commence as of the “Effective Date” stated on the Order Form, subject to credit card approval, and shall continue for the Initial Term specified on the Order Form. With the exception of subscribers that are on a month to month plan or a quarterly billing plan, services may be cancelled by Customer during the Initial 30 day “Trial” Period and User will be entitled to a full refund. Services will automatically renew for consecutive Renewal Terms as specified in the Order Form, subject to credit card approval, unless notice of cancellation is received prior to the expiration of the then-current Initial Term or Renewal Term. Services may be cancelled by Customer during any Renewal Term only if Customer provides DataBid, Inc. with notice f intent to cancel prior to current renewal date; otherwise Customer is liable for the Fees for the entire Renewal Term. DataBid, Inc. reserves the right to require prepayment, in whole or in part, for any and all Services. Quarterly and Monthly subscriptions are not applicable for 30 Day Money Back Guarantee. For questions please see your DataBid Representative.
DataBid, Inc. may terminate this Agreement and/or cease delivery of one or more Services, at any time with or without notice to Customer, for any breach of this Agreement by Customer, any Authorized Users and/or any agents thereof, as determined by DataBid, Inc. in its sole discretion, including, without limitation, for misuse or unauthorized use of Services or non-payment. Upon any termination of this Agreement and/or any Services, Customer shall immediately discontinue all use of the Services and shall destroy all copies of the Software and Data, along with all copies, adaptations and merged portions thereof in any form, then in the possession or under the control of Customer, any Authorized Users and/or any agents thereof.
DataBid, Inc. may discontinue or change the (www.databid.com) website, or its availability to you, at any time.

COPYRIGHT NOTICE. Copyright © 2019 DataBid, Inc. 433 Penn Street. Newtown, Pennsylvania U.S.A. All rights reserved. Any rights not expressly granted herein are reserved.