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Terms and Conditions

By using, as a contractor, the GovernmentBids.com service operated by Mediagrif Interactive Technologies Inc., or one of its affiliates, you agree to the following terms and conditions. In this Agreement, “We”, “Us”, “Our” and “You” means any person or other entity applying to register with the GovernmentBids.com Service as a Contractor.

1.0 – Definitions

1.1 – “Information" refers to all of the information, software and other material provided in connection with or available through the GovernmentBids.com Service.

1.2 – “GovernmentBids.com” refers to Mediagrif Interactive Technologies Inc., or one of its affiliates, operating the GovernmentBids.com Service.

1.3 – “GovernmentBids.com Service” refers to the electronic commerce service owned and operated by GovernmentBids.com, which provide a listing of federal, state, county, city and other governing authority procurement opportunities.

1.4 – “Subscribers” refers to persons that use this site in accordance with its terms and conditions.

2.0 – Rates and Charges – Registered Subscribers

2.1 – We agree to register with the GovernmentBids.com Service, and acknowledge that payment of the registration fee is made in advance annually, quarterly or monthly, as the case may be, at the option of the Subscriber. We acknowledge that prepayments are not refundable.

2.2 – GovernmentBids.com is authorized to charge our valid
American Express, MasterCard or VISA credit card for all charges when due.

2.3 – Interest on overdue accounts is charged at 1 1/2% per month, equal to 18% per annum. GovernmentBids.com may apply a surcharge to any payments returned by the issuing Financial Institution.

2.4 – We acknowledge that GovernmentBids.com may terminate or suspend our use of the GovernmentBids.com Service for non–payment.

2.5 – We agree that GovernmentBids.com may amend the rates and charges for the GovernmentBids.com Service from time to time. Revised rates and charges will be reflected in the GovernmentBids.com Price List, a copy of which will be sent to us or available on–line.

3.0 – Ownership and Use of Information

3.1 – We acknowledge that any of the Information that we receive through the GovernmentBids.com Service is owned either by the Participating Organization that issued the Information or by GovernmentBids.com. We agree that we will not use, store, copy, or reproduce the Information, or distribute or disclose it to any third party, except for the sole purpose of having such third party assist us in evaluating an opportunity or preparing a response to an Opportunity Notice. We agree that we will not sell, distribute publish or otherwise disseminate to any third party, or make available for the purpose of resale to any third party, any Information received from or through the use of the GovernmentBids.com Service without the prior written consent of GovernmentBids.com.

4.0 – Confidentiality and Security

4.1 – We acknowledge that GovernmentBids.com cannot ensure the privacy and authenticity of any information that we send or receive through the Internet, and we agree that GovernmentBids.com will not be responsible for any damages that we incur if we communicate confidential information to GovernmentBids.com over the Internet, or if GovernmentBids.com communicates such information to us at our request.

4.2 – We agree not to disclose our GovernmentBids.com Service password to any third party. We agree that we are solely responsible for all use of our password and we agree to put reasonable security procedures in place regarding its use and to notify GovernmentBids.com immediately of any unauthorized use.

4.3 – We acknowledge that links to other Web sites through the GovernmentBids.com Service do not imply any endorsement or approval by GovernmentBids.com.

5.0 – Use of Internet and e–mail

5.1 – We acknowledge that if we access the GovernmentBids.com Service through the Internet, we are responsible for reading and complying with any notices, warnings or disclaimers posted on the GovernmentBids.com Web site or contained in the attached Internet Notices Page.

5.2 – We acknowledge the fact that email is not a guaranteed delivery method and is subject to what is conventionally referred to as anti–spam filters that may impact the delivery of the email to our email account. We acknowledge that GovernmentBids.com will not be responsible for an email once it has left the GovernmentBids.com Server unless the delivery failure is caused solely by the gross negligence of GovernmentBids.com.

6.0 – Change of Address

6.1 – We agree that we are responsible for providing our current delivery or invoicing address, our fax delivery number and/or our e–mail address to GovernmentBids.com for the GovernmentBids.com Service. We will immediately notify GovernmentBids.com of any change of these addresses through the GovernmentBids.com Web site, by mail, by fax on Company letterhead. We acknowledge that GovernmentBids.com shall bear no responsibility or liability for our failure to do so.

7.0 – Changes to Service and Agreement

7.1 – We acknowledge that, from time to time, and at its discretion, GovernmentBids.com may amend the provisions of the GovernmentBids.com Service, including pricing or any of the terms and conditions of this Agreement. GovernmentBids.com will provide us with sixty (60) days notice of any such changes in writing or on–line through the GovernmentBids.com Service.

8.0 – Termination

8.1 – We acknowledge that GovernmentBids.com may terminate this Agreement with us and suspend our use of the GovernmentBids.com Service at any time and for any reason, including where we fail to pay the subscription fee or any other charges incurred by us.

8.2 – We may immediately terminate this Agreement with GovernmentBids.com upon providing written or electronic notice to GovernmentBids.com. Where an electronic notice will be provided by us to GovernmentBids.com to terminate this Agreement, we agree to comply with all reasonable procedures established by GovernmentBids.com in providing such electronic notice (as such procedures may be amended from time to time at GovernmentBids.com's sole discretion) and which procedures shall be made available to us through the GovernmentBids.com Service. Where a written notice will be provided by us to GovernmentBids.com to terminate this Agreement, we agree to comply with all reasonable procedures established by GovernmentBids.com to provide such written notice (as such procedures may be amended from time to time at GovernmentBids.com's sole discretion), which procedures shall be made available to us through GovernmentBids.com Service, upon termination, we acknowledge our password and access to the GovernmentBids.com Service will be terminated unless otherwise requested by us, in accordance with the termination procedures established by GovernmentBids.com (as they may be amended from time to time at GovernmentBids.com's sole discretion). Termination of this Agreement will not relieve us from our obligation to make payments to GovernmentBids.com for any outstanding fees or other charges payable by us prior to termination for the GovernmentBids.com Service and our use of the GovernmentBids.com Web site, as set out in section 8.4 below.

8.3 – On termination, we will return any Information provided to us on reasonable request by GovernmentBids.com.

8.4 – We will pay any outstanding fees and charges on termination, and agree those sections 3, 4 and 10 of these terms and conditions will continue in force following termination. We acknowledge that annual, or quarterly, or monthly prepayments are not refundable.

9.0 – Liability

9.1 – We acknowledge that GovernmentBids.com assumes no responsibility for the availability, accuracy, completeness or timeliness of any of the Information, or for the fitness of such Information for any particular purpose.

9.2 – We acknowledge that GovernmentBids.com and its officers, directors, employees, agents and subcontractors will not, under any circumstances, be liable to us for damages, including direct, indirect, special or consequential damages, even if GovernmentBids.com has been advised of or could have foreseen such damages, arising out of our use of or reliance on the GovernmentBids.com Service, unless caused solely by the gross negligence of GovernmentBids.com. For greater certainty, such damages shall include, without limitation, damages in respect of loss of profit, loss of business revenue, failure to realize any expected savings, and any claim made against us by a third party.

9.3 – We agree that we will indemnify and hold harmless GovernmentBids.com and its officers, directors, employees, agents and subcontractors for any loss, damage, cost, expense, liability or claim suffered or incurred by, or made against, GovernmentBids.com arising out of our breach of this Agreement, or our fraud, misrepresentation, negligence or willful misconduct in our performance or non–performance under this Agreement, but our liability in any one year under this Agreement will be limited to the value of the charges incurred by us for the GovernmentBids.com Service in the twelve (12) months preceding GovernmentBids.com's claim or demand against us.

10.0 – Laws of Application

10.1 – We agree that this Agreement will be governed by the laws of New York

11.0 – Assignment

11.1 – We agree that GovernmentBids.com may assign this Agreement, in whole or in part, without our consent, and we may not assign this Agreement in whole or in part.

12.0 – Prior Agreements

12.1 – We agree that this Agreement supersedes any prior versions of this Agreement governing the GovernmentBids.com Service.

Confidentiality and Security

GovernmentBids.com cannot ensure the privacy and authenticity of any information or instructions you send to us or we send to you over the Internet. GovernmentBids.com, including the GovernmentBids.com Service, will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet, or if we communicate such information to you at your request.

Non–responsibility

GovernmentBids.com is not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this Web site, the GovernmentBids.com Service, or the reliance on the information it contains.

Available Only Where Permitted by Law

The products and services described in pages of Web sites of GovernmentBids.com, including the GovernmentBids.com Service, are only offered in jurisdictions where they may be legally offered for sale or use.

Applicable Agreements

All products and services of GovernmentBids.com, including the GovernmentBids.com Service, are subject to the terms of the applicable agreements.

Use of Information

The information contained on this Web site and pages within is not intended to provide specific legal, accounting, financial or tax advice for any individual and should not be relied upon in that regard.

Accuracy and Changes

Facts and information provided by GovernmentBids.com, including the GovernmentBids.com Service, are believed to be accurate when placed on this Web site. Changes may be made at any time to the material or information at this Web site without prior notice.

Software Backup

While every effort is made to ensure that all software provided at this Web site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software.

Hyperlinks are Not Endorsements

Links to other Web sites or references to products, services or publications other than those of GovernmentBids.com at this Web site do not imply the endorsement or approval by GovernmentBids.com of such Web sites, products, services or publications. GovernmentBids.com is not responsible or liable for the content presented on these links including advertising claims, endorsements or names. These Web sites are not part of our Web site or the GovernmentBids.com Service and GovernmentBids.com has no control over their content or availability.

Trademarks Belonging to GovernmentBids.com or Other Entities

Certain names, graphics, logos, icons, designs, words, titles or phrases at this Web site may constitute trade names, trademarks or service marks of GovernmentBids.com or other entities. Trademarks may be registered in Canada and in other countries as applicable. The display of trademarks on pages at this Web site does not imply that a license of any kind has been granted. Any unauthorized downloading, re–transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.

Copyright

All Information at this site is protected under the copyright laws of the United States and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this Web site. Inquiries about permission should be directed to GovernmentBids.com - call us at +1.866.432.0296.


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