- How the Website works.
- We are not responsible for any information submitted or posted by any User.
The Website functions as a conduit that: (i) permits Users (including but not limited to prime contractors, project owners, government agencies, municipalities, project managers, architects or engineers) to post project information and solicit bids directly from contractors, subcontractors, suppliers or manufacturers, and (ii) permits other Users (including but not limited to contractors, subcontractors, suppliers and manufacturers) to submit bids in response to project information posted on the Website.
WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE TRUTH, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PROJECT INFORMATION, BIDS OR OTHER CONTENT POSTED OR SUBMITTED USING THE WEBSITE.
USER ACKNOWLEDGES AND AGREES THAT THE BEST SOURCE OF INFORMATION FOR ANY PROJECT WILL BE THE ACTUAL PLANS AND SPECIFICATIONS MAINTAINED AT THE OFFICES OF THE PRIME CONTRACTOR, PROJECT OWNER OR OTHER USER WHO POSTED THE PROJECT.
EACH USER IS SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE TRUTH, ACCURACY, COMPLETENESS AND TIMELINESS OF ANY PROJECT INFORMATION OR OTHER CONTENT POSTED OR SUBMITTED BY ANY OTHER USER.
EACH USER WHO POSTS OR SUBMITS ANY PROJECT INFORMATION USING THE WEBSITE IS SOLELY RESPONSIBLE FOR:
(i) THE TRUTH, ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT THE USER POSTS OR SUBMITS;
(ii) VERIFYING THAT ANY OF THE USER’S PROJECT INFORMATION OR OTHER CONTENT THAT MAY APPEAR ON THE WEBSITE IS ACCURATE, COMPLETE AND TIMELY.
WE HAVE NO CONTROL OVER OR RESPONSIBILITY FOR WHETHER A USER MAY DECIDE TO REJECT ANY BID SUBMITTED BY ANY OTHER USER.
- Website Fees. Users may be charged fees as set forth in the Website, and User agrees to promptly pay any such fees. We reserve the right to change our fees at any time.
- Release of Liability for Disputes Between Users. To the extent that you may have a dispute with one or more other Users, you fully and forever release and discharge Billings Builders Exchange, Inc. and its successors, assigns, officers, directors, shareholders, agents, employees and attorneys from any and all actions, claims, causes of action, demands, or expenses for damages or injuries, whether asserted or unasserted, known or unknown, foreseen or unforeseen, arising out of or relating in any way to any such dispute. To the maximum extent permitted by applicable law, User expressly waives the protection of any statute or other law that would otherwise limit the coverage of this release to include only those claims which User may know of or suspect to exist at the time of agreeing to this release.
- Right to Refuse Service. We reserve the right to refuse service to anyone at any time in our sole discretion, including but not limited to disabling or discontinuing access to the Website or any Content. We shall have no responsibility for responding to or resolving any dispute of any nature between two or more Users.
USER IS SOLELY RESPONSIBLE FOR PERIODICALLY CHANGING USER’S PASSWORD, PROMPTLY LOGGING OFF WEBSITE SESSIONS WHEN CONCLUDED, AND OTHERWISE MAINTAINING THE CONFIDENTIALITY AND SECURITY OF USER’S USER NAME AND PASSWORD.
User agrees to notify us immediately of any unauthorized use of User’s user name or password or any other security breach.
USER AGREES THAT USER IS SOLELY RESPONSIBLE FOR ANY USE OF USER’S NAME OR PASSWORD, WHETHER AUTHORIZED BY USER OR NOT.
- We hereby grant User a nonexclusive, nontransferable, revocable license to create hyperlinks to the Website, so long as: (i) User does not remove or obscure, by framing or otherwise, any portion of the Website; (ii) any link or linked website does not portray us, the Website or any Services in a way that may be construed as derogatory or misleading; (iii) User does not link to any website that promotes or engages in illegal, unethical or immoral activities; and (iv) User agrees to immediately discontinue any such link upon request.
- The licenses set forth above only grant to User the right to use the Website and Services, and User does not acquire any right of ownership or title in them. With the exception of Content provided by you or another User, all right, title and interest in and to the Website, Services and Content, including but not limited to all software; copyrights; the marks “billingsplanroom?”, “Billings Builders Exchange?”, “onlinebidservice?”, “onlineplanservice?”, and any of our other trademarks, service marks, logos or trade dress (collectively the “Marks”); or any other intellectual property rights therein, will at all times remain the property of Billings Builders Exchange, Inc. or its licensor(s) and service providers.
- Website Content.
WE DO NOT ASSUME AND HEREBY DISCLAIM ANY OBLIGATION TO MONITOR ANY CONTENT POSTED, SUBMITTED OR OTHERWISE GENERATED BY YOU OR ANY OTHER USER, OR TO MONITOR ANY USER’S USE OF THE WEBSITE OR SERVICES.
NOTWITHSTANDING THE PRECEDING SENTENCE, WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO DELETE, DISCONTINUE, BLOCK ACCESS TO, OR MODIFY ANY CONTENT, WHETHER PROVIDED BY YOU OR OTHERWISE, AT ANY TIME AND WITHOUT NOTICE, WITHOUT INCURRING ANY LIABILITY THEREFOR.
- User’s Representations and Warranties. User or User’s Representative represents and warrants that:
- The information provided by User or User’s Representative is true.
- User or User’s Representative is at least eighteen years of age or older and is otherwise competent to enter into binding contracts under applicable law.
- User or User’s Representative has authority to bind the User.
- User, if not an individual, is duly organized and in good standing in any jurisdiction in which User operates.
- Any Content posted or submitted by User will not (i) defame any person or entity, or (ii) infringe, dilute, misappropriate or violate any third party’s patent, trade secret, copyright, trademark, service mark or trade dress rights, right of privacy or publicity, or any other intellectual property right (collectively, “Intellectual Property Rights”).
- Post or submit any project information, bid or other Content that is fraudulent, inaccurate, incomplete or misleading in any way;
- Attempt to modify, manipulate or otherwise interfere with Content posted or submitted by any other User;
- Attempt to discover any other User’s bid for any project;
- Infringe or misappropriate any copyrights, trademarks, or other Intellectual Property Rights of any third party;
- Impersonate any person or otherwise misrepresent User’s identity or the origin of any Content;
- Post, list or upload any Content that is pornographic, obscene or immoral;
- Upload any virus, worm, Trojan horse or other technology manifesting any contaminating or damaging properties, or that otherwise violates anyone’s rights;
- Use any spider, robot or other automated means to access the Website or Services;
- Attempt to interfere with the working of the Website or Services, bypass any robot exclusion headers, or impose an unreasonable load on the Website servers;
- Slander, libel or defame any person;
- Violate any person’s right to privacy (including disclosure of names, telephone numbers, email addresses or other personally identifiable information), present any person in a false light, or misappropriate any person’s right to publicity or right to control the use of his or her own name or likeness;
- Harvest or otherwise collect information about any User, including email addresses, without the User’s consent;
- Harass or threaten any person, be abusive, or be considered stalking;
- Link directly or indirectly to any materials to which User do not have the right to link; or
- Involve or promote the use of unsolicited commercial e-mail (“spam”), pyramid schemes, chain letters, or the like.
- Submission of Content to the Website.
- By providing any Content to the Website, User thereby grants Billings Builders Exchange, Inc. a non-exclusive, irrevocable, transferable, fully sublicensable, royalty-free license to use, reproduce, display, perform, exhibit, publish, distribute, transmit, broadcast, modify, create derivative works from, or otherwise use all or part of said Content, or authorize others to do so, in any manner or media or by any means, methods, or technologies now known or hereafter to be known throughout the world in perpetuity. User further waives all rights and releases Billings Builders Exchange, Inc. and its successors, assigns, officers, directors, shareholders, agents, employees and attorneys from any claims, and shall neither sue nor bring any proceeding against any such parties, for trademark infringement, unfair competition, violation of moral rights or “droit moral”, defamation, invasion of right to privacy, publicity or personality, or any similar matter arising out of or relating in any way to the use and exploitation of the Content by Billings Builders Exchange, Inc.
- Disclaimers of Warranties.
WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, SERVICES, OR CONTENT SUBMITTED BY ANY USER VIA THE WEBSITE.
USER’S ACCESS TO AND USE OF THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
USER ACCEPTS ALL RISKS OF USING THE WEBSITE.
WE AND OUR LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY.
WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES THAT:
(i) ANY CONTENT POSTED, SUBMITTED OR EXCHANGED USING THE WEBSITE OR SERVICES IS TRUTHFUL, ACCURATE, COMPLETE OR TIMELY;
(ii) ANY GOODS OR SERVICES OFFERED BY ANY USER WILL MEET ANY OTHER USER’S REQUIREMENTS OR EXPECTATIONS;
(iii) THE RESULTS WHICH MAY BE OBTAINED USING THE WEBSITE, SERVICES OR ANY CONTENT WILL BE ACCURATE OR RELIABLE;
(iv) THE WEBSITE, SERVICES OR ANY CONTENT WILL BE ERROR-FREE; OR
(v) ALL DEFECTS WILL BE CORRECTED.
WE AND OUR LICENSORS DO NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER TECHNOLOGY THAT MANIFESTS CONTAMINATING OR DAMAGING PROPERTIES OR THAT OTHERWISE VIOLATES ANYONE’S RIGHTS.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THUS SOME PORTION OF THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO USER. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Limitation of Remedies and Limitation of Liabilities.
USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY INABILITY TO USE OR ACCESS THE WEBSITE, SERVICES OR CONTENT, DEFECTS IN THE WEBSITE, OR ANY OTHER MATTER ARISING FROM USER’S USE OF THE WEBSITE, SERVICES OR CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE.
IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL, OR DAMAGE TO SYSTEMS OR DATA, WHETHER IN AN ACTION FOR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THUS SOME PORTION OF THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO USER. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Term and Termination.
- User may terminate User’s participation in the Website on ten (10) days notice by email to firstname.lastname@example.org.
- User’s business is terminated or suspended for any reason; or
- User becomes subject to any federal or state bankruptcy or insolvency proceedings.
- Upon termination, User will make no further use of the Website or Services.
- Notification of Copyright Infringement.
It is our policy to fully comply with the Digital Millennium Copyright Act (the “DMCA”) and applicable regulations. Although we assume no obligation to police the Website for the presence of materials that may be infringing or are otherwise inappropriate, we reserve the right in our sole discretion to remove or disable access to any content, and we will terminate the account of a repeat infringer in appropriate circumstances. A copyright owner or representative thereof may report alleged copyright infringement by sending a notice that complies with the DMCA to our designated agent to receive notification of claimed infringement (the “Designated Agent”) at the following address:
Billings Builders Exchange, Inc.
2050 Broadwater Avenue
Billings, MT 59102
We reserve the right to change our Designated Agent without prior notice, subject to the applicable requirements of the DMCA and any applicable regulations.
All notices of alleged copyright infringement should include substantially the following:
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- A description of the material that the copyright owner claims to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the copyright owner (or representative thereof), such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the copyright owner (or representative thereof) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or by law.
- A statement, signed by physical or electronic signature, that the information in the notification is accurate, and, under penalty of perjury, that the copyright owner is, or the representative thereof is authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
Our Designated Agent may request additional information from (or representative thereof).
- PURSUANT TO THE DMCA, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MAKES A MATERIAL MISREPRESENTATION THAT MATERIAL IS INFRINGING, OR THAT MATERIAL WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, MAY BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS’ FEES, INCURRED BY A SERVICE PROVIDER WHO IS INJURED BY SUCH MISREPRESENTATION, OR BY THE COPYRIGHT OWNER OR LICENSEE, AS THE RESULT OF THE SERVICE PROVIDER RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO SUCH MATERIAL, OR IN REPLACING OR CEASING TO DISABLE ACCESS TO THE MATERIAL.
- No Waiver. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right.
- Reformation; Severance. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.
- Limitation Period for Claims. To the maximum extent permitted by law, any claim or cause of action against us resulting from, arising out of or otherwise relating in any way to the use of the Website or Services must be filed within one (1) year after such claim or cause of action arises or accrues, or be forever barred.