Updated on: March 31th, 2016.
Effective Date: March 31th, 2016.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your” or “User” or “Users”) AND PVBID Inc A DELAWARE CORPORATION (hereinafter “PVBid” or “we” or “us”) GOVERNING YOUR USE OF THE PVBID ONLINE ESTIMATING, PRODUCTIVITY AND COLLABORATION SOFTWARE.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
This Terms of Service document, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 10, is an agreement you must accept in order to use PVBid’s Service (as defined below). It is applicable to (a) Administrators – those who manage and administer a company’s site (“Administrators”), to (b) Members who have been invited to use the company site by the Administrators (referred to as “Estimators”, “Sales”, “Marketing”, or “Member” interchangeably).
- You must be of legal age to enter into a binding agreement in order to accept the Terms.
- If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to these Terms.
- If you are accessing the Service in your capacity as a United States government entity, there are special US Government Terms that may apply to you.
- You authorize PVBid to indicate your company as a user to other prospective companies if you are receiving discounted license pricing.
If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services for online collaboration and management including word processor, customer relationship management integration and estimating application (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. The PVBid service is comprised of the Core Service and any subscriptions to Beta Service in which you may be participating.
PVBid is comprised of a Core Service providing framework for estimating and bidding. The following features are considered the Core Service: Managing bids, creating and editing bids, creating and editing automated language of bids, creating and editing templates, managing templates, creating and editing pricing tables, managing pricing tables, managing users, storing and hosting data, word processing, providing hosting for our Core Service, and maintaining secure access to the Core Service with 98% availability. If changes to the Core Service will affect your data at any point, you will be notified 30 days prior to those changes, your data will be backed up, and you will have the option to download any or all of your data.
Subscription to Beta Service
We offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) in addition to our Core Services, for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that PVBid will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason. PVBid agrees to make a good-faith effort to notify you in advance of any modification to the Beta Services that may affect your core data.
PVBid will make reasonable efforts to provide technical support to users of the software, via email, chat applet, or phone. However, failure to satisfy a request will in no way invalidate this user agreement.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing PVBid notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. If you are an Administrator, you assume responsibility for maintaining user accounts within the corporate account. All users agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if PVBid has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, PVBid may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that PVBid is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org, provided that the process is acceptable to PVBid. In the absence of any specified administrator account recovery process, PVBid may provide control of an administrator account to an individual providing proof satisfactory to PVBid demonstrating authorization to act on behalf of the organization. You agree not to hold PVBid liable for the consequences of any action taken by PVBid in good faith in this regard.
Personal Information and Privacy
You commit to respect all intellectual and industrial property rights. You commit to not copying, broadcasting, amending or reverse engineering any or all of the software or Services.
Non-compliance may lead to termination of the your access to the software and further legal recourse, without refund of any access fees paid.
Users must quote the name of PVBid if they publish pictures or tables issued from the software.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with PVBid.
Communications from PVBid
The Service may include certain communications from PVBid, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary Administrator email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy PVBid in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days time limit will be construed as your consent to disclosure of your name and contact information by PVBid to the complainant.
Fees and Payments
The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription or wish to transition to an inactive status. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized PVBid to charge the subscription fee to the Credit Card last used by you.
Over the course of your subscription, you may choose to add a new user to your Service. If the addition occurs before the end of the subscription period for a Service on a monthly subscription cycle, a prorated charge will be added to the next payment of the automatic renewal. In the event a user is removed from your Service a prorated credit will be refunded to the next payment of the automatic renewal according to our Refund Policy. If the user addition or user removal occurs before the end of the subscription period for a Service on a subscription cycle that is greater than a month, a prorated charge will be added to the next calendar month charges and the individual user account will be billed on a monthly subscription cycle until the next corporate payment automatic renewal.
Over the course of your subscription we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will be notified of pricing changes a minimum of 30 days prior to the change occurring after which any increase in charges will not apply until the expiry of your then current billing cycle.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of PVBid; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. In case of accounts with more than one user, if at least one of the users is active and in good standing, the account will not be considered inactive.
If a user does not log into their account for 30 consecutive days and stops payment, they will be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant PVBid the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for PVBid’s commercial, marketing or any similar purpose unless provided in an aggregate form. See paragraph below about the aggregated data restrictions.
The Services provide features that allow users to share information with others or to make it public. Please consider carefully what you choose to share or make public. PVBid has no responsibility for information that is lost or compromised because of sharing.
In an ongoing effort to better understand and serve our users, we will often conduct research on customer demographics, interests, and behavior based on information provided to us via the website. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents, consultants and business partners. This aggregate information will never identify users or projects individually. We may also disclose aggregated user statistics in order to describe PVBid to current and prospective business partners, and to other third parties for other lawful purposes.
Creating better feedback loops is important to PVBid. To that end, data may be aggregated to provide insights into costs for our customers. PVBid will notify our customers by email two months prior to when an appropriate level of information has been collected. PVBid respects our customer’s privacy and will never share data in a way that jeopardizes a company’s competitive advantage or makes apparent any specific pricing behaviors. Our customers can opt out of that aggregate data sharing at any time however that customer will also forgo receiving any benefit from the aggregated data. To opt out, send an email with the subject “Opt Out” in the subject line to email@example.com. Include a written statement defining the opt-out parameters.
In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets; in this event, you will be notified via email and/or a prominent notice on our Web Site of any change in ownership, as well as any choices you may have regarding your Personal Data. We may also share your information with our subsidiaries and affiliates, if any.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that PVBid will have the right to block access to or remove such content made available by you if PVBid receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by PVBid for this purpose.
If you wish to protest any blocking or removal of content by PVBid, you may do so by notifying PVBid with the protest description, list of reasons, and the direct contact for correspondence in following up the protest. Please notify PVBid by emailing firstname.lastname@example.org.
Sample files and Applications
PVBid may provide sample files, templates and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. PVBid makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
All trademarks, service marks, logos and designs used by PVBid or on the PVBid website (hereinafter “Web Site”), whether registered or unregistered, are owned by PVBid or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by PVBid or its affiliates without our prior written consent. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of PVBid or such other owner.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PVBID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PVBID MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PVBID, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PVBID DOES NOT GUARANTEE THE RESULTS OF THE SOFTWARE, which depend to a large extend on the parameters and data entered or provided by you. THE SERVICE ONLY FACILITATES PRICING OR ASSOCIATED VALUES, THE ACCURACY OF WHICH DEPENDS ON YOU AND YOUR PROVIDED DATA. PVBID IS IN NO WAY RESPONSIBLE FOR DETERMINING THE ACCURACY OF YOUR PROVIDED DATA.
Limitation of Liability
YOU AGREE THAT PVBID SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PVBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PVBID’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless PVBid, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by PVBid.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Delaware and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, PVBid may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if PVBid breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
Intellectual Property Rights
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © 2016, PVBid. All rights reserved.
PVBid grants Users a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for personal or commercial use, provided that Users acknowledge PVBid as the source, and do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of PVBid. All rights not expressly granted in this Agreement are expressly reserved to PVBid.
While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.
Our Service is not directed to persons under 18. PVBid does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for an account on the Service. If we become aware that we have collected personal information from a child under age 18 without verification of parental consent, we take steps to remove that information. If you believe that we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at email@example.com.