Please carefully review the following terms and conditions for use of H2bid’s services
(“H2bid’s services”). These terms and conditions are in addition to all other terms
and conditions that may be applicable to specific services, such as e-bidding. You
may not access or use this site from territories where the contents of these terms
and condition are illegal or prohibited. This agreement ("Agreement") is between
H2bid and you (the "User"). If you represent a company or other entity, you are
warranting that you are authorized to enter into this Agreement on behalf of such
entity.
H2bid reserves all rights afforded by the laws of the applicable state law, and
of the United States, and specifically reserves its rights, claims, and defenses
for any omission from the contents of this notice to users of the H2bid website.
1. Use of H2bid’s Services; Role of H2bid.
Users are permitted to use the services on the H2bid site, subject to the terms
and conditions of this Agreement, after their registration is accepted and they
have agreed to this contract.
a. If H2bid adds new products or services or makes improvements and/or amendments
to the website, then they will be governed by this Agreement. H2bid does not guarantee
any results from the use of its site. For example, H2bid does not guarantee that
use of the Services will produce any sales leads, quotes, sales, revenue, business
opportunities or other benefits to the business of User.
b. If User uses H2bid’s e-bidding service, then H2bid does not warrant that bid
submissions or other transmissions of information is completed until an email confirmation
of the transmission is issued by H2bid. IT IS THE USER’S RESPONSIBILITY TO CONFIRM
ALL TRANSMISSIONS AND BID SUBMISSIONS. USER HEREBY WAIVES ANY CLAIM AGAINST H2BID
FOR (1) BID TRANSMISSION FAILURES OR DELAYS OR (2) BID SUBMISSION FAILURES OR DELAYS.
c. User acknowledges that the software, hardware, connection lines, website interface,
links, availability of the Internet and all related equipment and components of
the H2bid website, by their nature, may have errors or technical problems or be
unavailable from time to time. H2bid strives to make its services available 24 hours
per day, 7 days per week, excluding downtime for maintenance and technical difficulties.
d. User agrees that in no event can more than one user utilize any of H2bid’s services
under the same user name and password at the same time. Accounts may not be shared.
User is responsible for all activity that occurs on User’s account.
e. H2bid is not a water utility and does not make water utility purchasing decisions.
H2bid does not endorse, recommend or favor the products or services of any participating
vendor. H2bid does not refer, counsel, negotiate for, or assist any bidder or participating
utility in the purchasing process. H2bid is not an agent of either the participating
vendor or utilities. H2bid merely provides this service through which participating
vendors and utilities can conduct business. User, as the participating vendor, is
solely responsible for the provision of User’s products and services. H2bid is not
responsible for the information or the transactions conducted online through its
website; it is a facilitation service only. H2bid reserves the right to monitor
content on the website and to remove content which H2bid, in its sole discretion,
determines to be offensive, harmful, illegal, immoral, or otherwise requiring removal
in the judgment of H2bid and terminate the offending User’s access.
f. H2bid provides access to addendums of bids and tenders. Addendums are provided
to the extent they are available and we can access them. We do not guarantee that
we will have addendums for all bids. User should not rely on H2bid for Addendum
or updated bid information. User is advised to take steps to obtain addendum and
bid update information directly from the issuing agency.
g. H2bid provides bid award information for some bids and tenders. Bid award information
is provided to the extent it is available and we can access it. We do not guarantee
that we will have bid award information for all bids. User should not rely on H2bid
for bid award information. User is advised to take steps to obtain bid award information
directly from the issuing agency.
h. All sales made on the H2bid website are final with no refunds, including any
and all sales of membership plans or trial membership plans.
2. User Requirements.
All Users must be 18 years of age or older and must have completed H2bid’s registration
process for any services that User seeks to access. By registering, User represents
and warrants that (a) the information provided is current, complete and accurate,
(b) User will abide by all terms and conditions for all services that User uses,
(c) that User is authorized to create a legally binding relationship on behalf of
the registered entity, and (c) User will update the information provided as required
to keep the registration information current, complete, and accurate. H2bid reserves
the right to reject any registration if it deems, in its sole discretion, that the
party or the registration is in any way inappropriate or the party should not be
allowed access to use H2bid’s services. In addition, H2bid may, in its sole discretion,
cancel or terminate access to any User that it believes has violated this Agreement
or any other applicable agreement between User and H2bid..
3. Responsibilities by User.
a) USER IS RESPONSIBLE FOR MAKING SURE THAT ANY TRANSMISSION (INCLUDING BID SUBMISSIONS)
MADE THROUGH H2BID IS RECEIVED BY THE INTENDED RECIPIENT. User acknowledges that
(1) H2bid does not own or control the User’s Internet interface, the interface to
any other website, or connectivity to and from either H2bid's website, the Internet,
or any other website, and (2) H2bid exercises no control over, and has no responsibility
for, any content or data transmitted or maintained by any other website; and (3)
H2bid expressly disclaims any liability arising from any technical failures or data
errors.
b) USER IS ALSO RESPONSIBLE FOR VERIFYING THAT USER HAS REVIEWED ALL CURRENT BID
INFORMATION (INCLUDING SUPPLEMENTAL INFORMATION SUCH AS AMENDMENTS) PRIOR TO BID
SUBMISSION. User is responsible for making a final review of all available bid information
via the H2bid service immediately prior to submitting a bid response. As a courtesy,
H2bid may attempt to provide an email notification of such changes and supplemental
information, but H2bid has no obligation to do so, and by doing so does not establish
any duty to User, and is not responsible for the failure, for any reason, of the
User to receive such notices.
c) H2bid reserves the right to establish or modify general practices and limits
concerning use of H2bid’s services. User shall comply with general practices and
limits and all applicable laws, ordinances and regulations related to using any
of H2bid’s services and not make any unauthorized commercial use of H2bid’s services
or of the H2bid name, marks, taglines, names of any of its other affiliated sites,
or logos. In addition, User shall not (1) post any false, misleading, untrue or
inaccurate bid information or information that violates any law or any threatening,
abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise
objectionable information of any kind; (2) transmit information under a false name;
(3) transmit through the service any material that contains software viruses or
other harmful or deleterious computer code, files or programs such as Trojan horses,
worms, time bombs, cancelbots; (4) interfere with or disrupt servers or networks
connected to H2bid’s services or violate the regulations, policies or procedures
of such networks; (5) attempt to gain unauthorized access to H2bid’s services, other
accounts, computer systems or networks connected to H2bid’s services, through password
mining or any other means; (6) harass or interfere with another user’s use and enjoyment
of H2bid’s services; or (7) permit anyone to use User’s account to do any of the
acts prohibited in this paragraph. User further agrees not to use H2bid’s services
to harvest, collect, gather or assemble information or data regarding other users.
User also agrees not to hack, send spam, send phishing emails, or otherwise tamper
with any of the technology on the H2bid website (or any of its affiliated websites),
and further agrees not to attempt or aid any of the aforementioned activities.
d) User agrees to use H2bid’s services and the information obtained through H2bid’s
services only for the purpose for which they are expressly intended by H2bid.
e) Any and all terms regarding the purchasing and sale of goods or services made
through H2bid’s services and the representations, warranties and other terms and
conditions that may exist between User and a participating water utility, including
payment terms, are governed solely by the terms of the agreement between User and
the applicable participating water utility.
f) User further represents and warrants that: (a) User possess all necessary licenses,
permits, and authority to execute and deliver this Agreement, to operate as a vendor
in all states in which you are or will be doing business and engaging in the activities
contemplated by this Agreement, and that User is and will remain in full compliance
in all respects, and in good standing, with all regulatory and supervisory agencies
having jurisdiction over User; (b) User has complied, and will comply, with all
applicable state and federal laws with respect to (i) User’s bid information posted
on any of H2bid’s websites and (ii) User’s goods and services; (c) none of the information
contained in a User’s registration or user profile or in any document submitted
to H2bid contains or will contain any misleading, false or erroneous statements,
or omit material facts necessary to make such statements or information accurate
and understandable in every respect; and (d) User understands and agrees that H2bid
may report, if H2bid believes in its sole and absolute discretion that misrepresentation
or fraud exists in any User registration or profile or other information posted
via H2bid’s services, any instances of misstatement or inconsistency in connection
with a bid or otherwise improper acts to the appropriate federal, state, local,
or regulatory authorities, or law enforcement agencies. User acknowledges the importance
of H2bid’s right and necessity to disclose such information and waive any and all
claims for liability, damages, and equitable or administrative relief in connection
with H2bid’s disclosure of such information.
g) H2BID AND ITS SUPPLIERS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR
COMPLETENESS OF H2BID’S SERVICES OR ANY CONTENT MADE AVAILABLE THEREIN. H2BID AND
ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT: (I) THE USE OF H2BID’S SERVICE WILL
BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY
OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) H2BID’S SERVICES OR INFORMATION PROVIDED
THROUGH H2BID’S SERVICES WILL MEET USER’S NEEDS, REQUIREMENTS OR EXPECTATIONS, (III)
ANY DATA OR INFORMATION WILL BE ACCURATE, COMPLETE OR RELIABLE, (IV) ERRORS OR DEFECTS
WILL BE CORRECTED, or (V) THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. H2BID’S SERVICES ARE PROVIDED "AS
IS." H2BID MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT
OR OTHER VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, EVEN IF H2BID HAS BEEN MADE
AWARE IN ADVANCE OF SUCH POTENTIAL RISK. FURTHER, H2BID DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE
SITES LINKED THERETO, OR ANY SITE THAT LINKS TO ANY H2BID WEBSITE, INCLUDING ANY
BUYER'S SITE.
4. Confidentiality; Data.
a) All correspondence of User related to a particular bid may be delivered to the
buyer without further consent of User. H2bid normally does not to disclose website
communications or information about Users to any other person or entity, except
to the extent that H2bid believes in good faith that such action is within the scope
of the services provided or reasonably necessary to (1) enforce this Agreement;
(2) respond to third party claims; (3) comply with the law, a subpoena, or other
directive from a court or other governmental agency; (4) protect the interests of
H2bid or its Users, or (5) enforce this Agreement. User acknowledges that all communications
sent to H2bid via the website, such as questions, comments, or inquiries, are not
considered confidential, unless specifically agreed otherwise in advance in writing
by H2bid. Further, H2bid may use User's name in connection with the advertising
or promotion of its products, services, or business.
b) H2bid will own all data and information that you submit to H2bid’s services (“Data”).
User agrees that H2bid may access User’s account, including its contents and data
to resolve, investigate, or respond to service or technical issues. H2bid shall
not be responsible or liable for the deletion, correction, destruction, damage,
loss or failure to store any Data. H2bid may provide Data and certain other user
information in aggregate form to third parties, including advertisers.
5. Intellectual Property.
All materials appearing on the H2bid website are protected by US copyright laws
and related international treaties. None of the materials may be copied, reproduced,
modified, published, uploaded, posted, transmitted, or distributed in any form or
by any means other than as described herein. All rights not expressly granted herein
are reserved. There are no implied rights. Any unauthorized use of the materials
appearing on the H2bid website may violate copyright, trademark and other applicable
laws and could result in criminal or civil penalties.
a) User may print and download portions of the materials solely in connection with
the use of H2bid’s services as provided on this website or any affiliated H2bid
website; however any alteration or deletion of any proprietary notices or marks
is prohibited.
b) User shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial
purpose the services, website content, features, software, information, or designs
on the H2bid website or any affiliated H2bid website.
c) User shall not reverse engineer, decompile, or otherwise attempt to derive source
code from any software or tools accessible or available through the H2bid website
or any affiliated H2bid website.
d) Special use requests should be sent to customercare@h2bid.com. Permission to
use shall be granted in the sole discretion of H2bid.
6. Service Security.
H2bid uses several security measures, including password-protection techniques to
restrict access under User's account and/or User names to authorized individuals.
USER ACKNOWLEDGES, HOWEVER, THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE
OF BYPASS AND H2BID DOES NOT GUARANTEE THAT THE SERVICES CANNOT BE ACCESSED BY UNAUTHORIZED
PERSONS. User shall at all times maintain as confidential its user name and password.
If User is a corporation or other business entity, then it may allow employees to
use its user name and password, but the User shall be responsible for all activity
of its employees and for limiting the use of H2bid’s services to one person at a
time. Permitting third parties to use H2bid’s services is prohibited and a violation
of this Agreement. (c) If a security breach occurs with respect to any account,
you must immediately change your password and notify H2bid at customercare@h2bid.com.
User is liable for any unauthorized use of any of H2bid’s services until H2bid is
notified of the security breach.
7 Feed back.
User acknowledges and agrees that any ideas, suggestions, modifications and the
like made by User with respect to H2bid’s services (“Supportive Information”) will
be the property of H2bid. User agrees to assign and hereby does assign all right,
title and interest worldwide in and to the Supportive Information and the related
intellectual property rights to H2bid and agrees to assist H2bid in perfecting and
enforcing such rights. Notwithstanding the foregoing, User may also use such Supportive
Information for User’s internal use.
8. Limitation on Liability.
IN NO EVENT WILL H2BID BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DECISION MADE
OR ACTION TAKEN BY USER IN RELIANCE ON ANY INFORMATION PROVIDED IN CONJUNCTION WITH
H2BID’S SERVICES. H2BID WILL UNDER NO CIRCUMSTANCES BE LIABLE TO USER OR ANY THIRD
PARTY FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY
OF THE DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS
AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. THE LIABILITY OF H2BID, ITS AGENTS AND
LICENSORS, IF ANY, UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE LESSER OF (A)
THE AMOUNT OF ALL FEES PAID BY USER TO H2BID IN THE PRECEDING MONTH OR (B) ONE HUNDRED
DOLLARS ($100). User acknowledges and agrees that the fees charged by H2bid under
this Agreement reflect the allocation of risk provided by the limited remedies and
limitations of liability set forth in this Agreement, and that such allocation of
risk is a fundamental benefit of the bargain for each party. User expressly waives
any claims against H2bid for any personal or private information that may be hacked,
lost, stolen or otherwise obtained without proper authorization from H2bid.
9. Indemnification.
Since User is responsible for transmissions and bids by User, and the consequences
thereof, User agrees to indemnify and hold H2bid harmless from and against any claims,
damages, liability, losses and liabilities (including reasonable attorneys’ fees)
resulting from or arising out of the use of any of H2bid’s services by User (or
the use by anyone using a password of User) or any actual, threatened, or alleged
breach by User of this Agreement.
10. Term and Termination.
This Agreement will continue until terminated by H2bid or User, for any reason.
H2bid may, at any time, terminate or alter any features, functions, specifications,
licensing terms, availability or other characteristics of H2bid’s services. Should
User object or become dissatisfied with H2bid’s services in any way, User’s sole
recourse is to immediately (1) discontinue use of the service; (2) terminate this
Agreement; and (3) notify H2bid in writing to customercare@h2bid.com of such termination.
Upon termination, User shall immediately cease all use of the service. The provisions
that by their nature continue will survive any termination of this Agreement.
11. Other Terms.
a) Assignment. User may not assign this Agreement or any of its rights or obligations
without the prior written consent of H2bid, and any attempted assignment is void.
Subject to the above, this Agreement will be binding upon the parties' respective
successors and permitted assigns.
b) Arbitration. Any dispute, controversy or claim arising out of or relating to
this Agreement, or the performance of transactions or obligations related hereto,
that cannot be resolved through negotiation shall be submitted to binding arbitration
by the American Arbitration Association in accordance with its rules. Such arbitration
shall occur in Wayne County, Michigan. The American Arbitration Association shall
have exclusive jurisdiction over any such dispute. A judgment on the award rendered
by the arbitrator, if any, may be entered in any court having jurisdiction thereof.
Either User or H2bid may seek any interim or preliminary relief from a court of
competent jurisdiction in Wayne County, Michigan necessary to protect the rights
or property of User or H2bid pending the completion of the pending arbitration.
c) Force Majeure. H2bid is not liable in any amount for failure to perform under
this Agreement or otherwise provide any of H2bid’s services if it is caused by Internet
outages or delays, unauthorized access (hacking), earthquakes, communications outages,
fire, flood, war, an act of God, or an occurrence beyond the reasonable control
of H2bid
d) Notices. H2bid may provide user with notice via email or U.S. Mail, to the address
provided in the on-line registration forms or such other address provided by User
to H2bid from time to time. User must provide notice to H2bid via email to customercare@h2bid.com,
with notice effective only after H2bid’s receipt confirmation.
e) Governing Law. The laws of the State of Michigan, USA govern all matters arising
out of or relating to this Agreement, excluding its choice of law rules.
f) No Waiver. The failure of H2bid to exercise or enforce any right or provision
under this Agreement will not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision and the other provisions
of these terms and conditions shall remain in full force and effect.
g) Entire Agreement. This is the entire agreement between the parties with respect
to the subject matter hereof. All prior or contemporaneous agreements, written or
oral, are superseded by this Agreement.
h) The section titles in this Agreement are solely used for the convenience of the
parties and have no legal or contractual significance.
