Infotech Bid Express Services Subscriber Agreement
- AGREEMENT
- 1.1 Scope: This Infotech Bid Express Services Subscriber Agreement is between Info Tech, Inc. (Infotech) and the Subscriber (sometimes referred to as "You" or "Subscriber"). The Bid Express Services are provided to Subscribers according to the terms and conditions contained herein, the Infotech Website and Online Services Terms of Use, Info Tech, Inc. Privacy Statement and Policy, DMCA Notice, Infotech Bid Express Services (www.bidx.com) Fee Schedule, Infotech Bid Express Services (www.bidexpress.com) Fee Schedule, and the Subscriber's registration information (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the Subscriber and Infotech, superseding any prior oral or other agreements about our Services.
- 1.2 Your Acceptance: If You click "I accept" during the subscription process, you agree to all of the terms and conditions contained in this Agreement or referenced in this Agreement, and You represent that You are authorized to enter this Agreement on behalf of Yourself or of the organization contained in Your registration information. If you do not or cannot agree to these terms and conditions, do not click "I accept."
- 1.1 Scope: This Infotech Bid Express Services Subscriber Agreement is between Info Tech, Inc. (Infotech) and the Subscriber (sometimes referred to as "You" or "Subscriber"). The Bid Express Services are provided to Subscribers according to the terms and conditions contained herein, the Infotech Website and Online Services Terms of Use, Info Tech, Inc. Privacy Statement and Policy, DMCA Notice, Infotech Bid Express Services (www.bidx.com) Fee Schedule, Infotech Bid Express Services (www.bidexpress.com) Fee Schedule, and the Subscriber's registration information (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the Subscriber and Infotech, superseding any prior oral or other agreements about our Services.
- THE BID EXPRESS SERVICES (some services are not available in all locations)
- 2.1 Bid Express Service: The Bid Express Services allow a Subscriber to access one or more Bid Express Web Sites which provide procurement notices and opportunities, provided either that the Subscriber also has an activated Infotech Digital ID or that the Agency has elected to require Subscribers to respond using electronic signatures instead of an activated Digital ID.
I understand and acknowledge that if I use an electronic signature to submit a bid that the Bid Express service will not save a copy of my draft bid or my submitted bid on my machine. If I want to save my draft bid or my submitted bid, I will save the copy myself. I also understand and acknowledge that Infotech will delete all draft bids stored in the Bid Express service when the Agency opens submitted bids.
- 2.2 Infotech Digital ID: When an Agency REQUIRES an Infotech Digital ID for the electronic submission of bids through the Bid Express Services, the number and type of Infotech Digital IDs that a subscriber must activate is dependent on the agencies to which the Subscriber intends to submit electronic bids. Some agencies require a Subscriber to have an Infotech Digital ID specific to that agency. Infotech Digital IDs are governed by a separate agreement. The Infotech Digital ID Policy may be found here.
I agree and acknowledge that I have read and will abide by the terms for using a Digital ID to submit through the Bid Express service.
- 2.3 Online Plan Sheets Service: The Online Plan Sheets Service gives Subscribers access to plan sheets for participating Agencies from any computer. The plan sheets can be viewed online or downloaded to a computer for viewing or printing. Printed plan sheets can be ordered from a print vendor for an additional fee paid to the print vendor. The most recent plan sheets materials for some agencies may not be available immediately through the Online Plan Sheets Service; subscribers should verify that they have the most recent official materials with the procuring Agency.
- 2.4 Analysis Suite Service: This service permits the Subscriber to view historical low, average and high prices for items in a variety of formats, including by proposal, by item and by contractor. The Subscriber may also perform a highly configurable statistical competitive analysis of the Subscriber's bid against other bidders for a specified letting and down to the letting level.
- 2.1 Bid Express Service: The Bid Express Services allow a Subscriber to access one or more Bid Express Web Sites which provide procurement notices and opportunities, provided either that the Subscriber also has an activated Infotech Digital ID or that the Agency has elected to require Subscribers to respond using electronic signatures instead of an activated Digital ID.
- ACCOUNT ACTIVATION AND TERMINATION
- 3.1 Activation: Upon Subscriber's registration, Infotech will activate Subscriber's User ID and Password to enable access to the Service(s) and notify Subscriber of this activation by email. Activation of a User ID and Password constitutes Infotech's acceptance of this Agreement. You are responsible for safeguarding the User ID and Password to prevent unauthorized access to the Service(s). NOTE: ACTIVATION OF A USER ID AND PASSWORD DOES NOT AUTHORIZE A SUBSCRIBER TO BID ELECTRONICALLY VIA THE BID EXPRESS SERVICES WHEN AN AGENCY REQUIRES A DIGITAL ID FOR THE ELECTRONIC SUBMISSION OF BIDS. TO ACCESS THE ELECTRONIC BIDDING FUNCTIONALITY, A SUBSCRIBER MUST ALSO HAVE AN AUTHENTICATED AND ACTIVATED INFOTECH DIGITAL ID. THE PROCESS OF APPLYING FOR AND ACTIVATING AN INFOTECH DIGITAL ID IS GOVERNED BY A SEPARATE AGREEMENT.
- 3.2 Termination by Subscriber of subscription services at www.bidexpress.com: Subscribers to the Bid Express Services located at www.bidexpress.com may terminate this Agreement for any reason, at any time, by sending an email or letter via first-class mail or courier to the appropriate Customer Support personnel (support@bidexpress.com, physical addresses listed here).
- 3.3 Termination by Subscriber to the Bid Express Services at www.bidx.com: Subscribers to the Bid Express Services located at www.bidx.com may cancel by clicking "Cancel My Bid Express Account" on the My Bidx page, or by sending a letter to Infotech's corporate offices (addresses listed here) conforming to the following requirements: the letter: (a) must be on company letterhead; (b) state the account to be canceled, (c) must be signed by the account holder or another officer of the company, and (d) must be notarized. You will receive a cancellation confirmation via email once the request has been processed. Subscriber will forfeit all prepaid fees. Infotech will not pay Subscriber any prorated refunds for any unused portion of the term. In no circumstance will You be able to terminate Your subscription by telephone.
- 3.4 Termination by Infotech: If Subscriber breaches any term in this Agreement, Infotech may, without notice to Subscriber, discontinue any or all aspects of the Service(s) or restrict Subscriber's use of the Service(s) in whole or in part. If Infotech has reason to believe that terminating this Agreement due to security reasons or for proper continued operation of the Service(s), then Infotech may do so in its sole and exclusive judgment. In addition, Infotech reserves the right to immediately terminate this Agreement and withdraw the Service(s) from Subscriber without prior notice if: (a) in Infotech's sole opinion, we determine that Subscriber's use of the Service(s) violates any laws or regulations, is disruptive, or causes a malfunction of the Service(s); (b) the credit card number Subscriber provides Infotech expires, or we are unable to charge valid charges to the credit card, or Subscriber otherwise fails to make payments due to Infotech for 60 days or more; or (c) Infotech receives a valid order from a governmental body or court of competent jurisdiction requiring us to do so. Infotech may modify or discontinue any or all aspects of the Service(s) or restrict Subscriber's use of the service for any or no reason, with notice to the Subscriber of not less than thirty days.
- 3.5 Effect of Termination: Upon termination of this Agreement, all licenses granted to Subscriber terminate immediately. If Infotech terminates this Agreement or suspends Subscriber's access to the Service(s), Subscriber shall forfeit all prepaid fees, except that if Infotech terminates the subscription of a Subscriber at the valid request or order of a third party, Infotech shall pay the appropriate prorated unused refund to Subscriber.
- 3.1 Activation: Upon Subscriber's registration, Infotech will activate Subscriber's User ID and Password to enable access to the Service(s) and notify Subscriber of this activation by email. Activation of a User ID and Password constitutes Infotech's acceptance of this Agreement. You are responsible for safeguarding the User ID and Password to prevent unauthorized access to the Service(s). NOTE: ACTIVATION OF A USER ID AND PASSWORD DOES NOT AUTHORIZE A SUBSCRIBER TO BID ELECTRONICALLY VIA THE BID EXPRESS SERVICES WHEN AN AGENCY REQUIRES A DIGITAL ID FOR THE ELECTRONIC SUBMISSION OF BIDS. TO ACCESS THE ELECTRONIC BIDDING FUNCTIONALITY, A SUBSCRIBER MUST ALSO HAVE AN AUTHENTICATED AND ACTIVATED INFOTECH DIGITAL ID. THE PROCESS OF APPLYING FOR AND ACTIVATING AN INFOTECH DIGITAL ID IS GOVERNED BY A SEPARATE AGREEMENT.
- GENERAL TERMS AND CONDITIONS
- 4.1 Service Level Notice: The Bid Express Services are generally available daily, seven days a week, except for maintenance. Infotech may, at any time and without liability, restrict the use of its Services or limit their availability in order to perform maintenance activities. Routine maintenance will be scheduled for performance on weekends or holidays, or after 8:00 p.m. EST or before 8:00 a.m. EST on normal work days. If routine maintenance must be performed between the hours of 8:00 a.m. EST and 8:00 p.m. EST on normal work days, and if such maintenance will require Infotech to restrict, suspend, or otherwise interrupt the Services, then Infotech will provide notice of not less than 24 hours. Under emergency situations and at its sole discretion, Infotech may be required to perform maintenance without prior notification to its Subscribers.
- 4.2 Communications with Infotech:An electronic communication from the email address Subscriber supplies to Infotech establishes You as its originator and has the same effect as a document with Subscriber's written signature on it; and a copy of an electronic communication made by reliable means shall be considered to have the same validity as the original electronic communication.
- 4.3 Fees and Payment: For access to and use of the Bid Express Services, Subscriber agrees to pay all fees and charges specified in the Infotech Bid Express Services Fee Schedule for the particular Services to which the Subscriber is subscribed. The Fee Schedule is posted at the Legal Notices area of the Infotech company website and is subject to modification at Infotech's sole discretion. Infotech accepts monthly payments, by credit card, only. The Subscriber's credit card that Subscriber provides during account registration will be automatically billed at the beginning of each billing period and is not subject to proration regardless of the initial subscription date. For the Bid Express service at www.bidx.com, the billing period is aligned to the calendar month. For the Bid Express service at www.bidexpress.com, the billing period is determined by the date of Subscriber's initial payment, and shall run for exactly 30 calendar days.
- 4.4 Intellectual Property:Infotech and Subscriber agree that neither party grants the other any authority or permission to use the other party's patents, copyrights, trade secrets, or other intellectual property rights, and doing so constitutes a material breach of this Agreement.
- 4.5 Duty to Defend: You shall indemnify and defend Infotech (including costs and attorney fees), if Infotech incurs any loss or if any claim is made against Infotech which arises out of Your breach of this Agreement.
- 4.6 Severability:If any provision(s) of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect.
- 4.7 Choice of Law and Venue: This Agreement and all Subscriber's rights and obligations are governed by the laws of the state of Florida. The parties agree that any claim, dispute, or any matter in question concerning this Agreement shall be decided pursuant to the laws of the state of Florida. The parties shall attempt to resolve all disputes arising in connection with this Agreement through good faith mediation. Should mediation fail, the parties expressly agree that any proceedings to enforce, invalidate, construe or otherwise arising out of or in connection with this Agreement can only be brought and must be brought in the court of competent jurisdiction in Alachua County, Florida. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, and the Uniform Computer Information Transactions Act are expressly excluded from application to this Agreement.
- 4.1 Service Level Notice: The Bid Express Services are generally available daily, seven days a week, except for maintenance. Infotech may, at any time and without liability, restrict the use of its Services or limit their availability in order to perform maintenance activities. Routine maintenance will be scheduled for performance on weekends or holidays, or after 8:00 p.m. EST or before 8:00 a.m. EST on normal work days. If routine maintenance must be performed between the hours of 8:00 a.m. EST and 8:00 p.m. EST on normal work days, and if such maintenance will require Infotech to restrict, suspend, or otherwise interrupt the Services, then Infotech will provide notice of not less than 24 hours. Under emergency situations and at its sole discretion, Infotech may be required to perform maintenance without prior notification to its Subscribers.
- DISCLAIMER OF WARRANTIES
The information transmitted by Infotech or received through Infotech is being provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the Subscriber. THE SERVICE IS PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET FORTH HEREIN, INFOTECH MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, OR REPRESENTATIONS CONCERNING THE MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OF INFOTECH'S SERVICE(s). YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. WITHOUT LIMITATION, NO WARRANTY OR CONDITION IS GIVEN THAT THE SERVICE IS ERROR-FREE OR UNINTERRUPTED.
INFOTECH DOES NOT GUARANTEE THAT INFOTECH'S SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR DATA. INFOTECH IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES.
UNDER NO CIRCUMSTANCES WILL INFOTECH BE RESPONSIBLE FOR THE INFORMATION AND DATA CONTENT INCLUDING ACCURACY THAT YOU OR OTHERS TRANSMIT THROUGH THE SERVICE.
- YOUR RIGHTS AND INFOTECH'S LIMITATION OF LIABILITY
Your sole right and exclusive remedy in the event you are dissatisfied for any reason with the Agreement, the Service or any guidelines or policies Infotech may post from time to time, shall be to terminate this Agreement as provided in Section 3 (ACCOUNT ACTIVATION AND TERMINATION). In no event shall Infotech's liability exceed the amount You paid for the Service for one year.
IN NO EVENT ARE INFOTECH, INFOTECH'S AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, OPPORTUNITY PROVIDERS, EMPLOYEES OR AGENTS LIABLE TO YOU OR ANY THIRD PARTY USING YOUR ACCOUNT FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF INFOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. USER'S SOLE REMEDY IN ANY ACTION SHALL BE LIMITED TO THE AMOUNT OF THE ONE-YEAR FEE PAID BY USER TO INFOTECH.
IN NO EVENT IS INFOTECH LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND INFOTECH'S CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS INFOTECH'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
