BidJudge.com provides the solicitations, bid results and quotations on this website for information only and this information is not warranted to be complete, current and /or accurate. For complete, current and/or accurate information, please contact the municipality, subcontractor and/or supplier that the information is pertaining to. BidJudge.com assumes no liability or duty to update or to send any update to users of its service nor does BidJudge.com guarantee that the listed low bidder will receives revenues, profits, etc. if they are listed as the low bidder. No user may publish the information contained without receiving written authorization from BidJudge.com.
TERMS OF SERVICE
Subscription Term, Fees and Charges
BidJudge accepts payment for the Service by credit card only. You must provide BidJudge with current, valid credit card account information at the time that you first subscribe to the Service. BidJudge will then bill your credit card the total due for your initial payment, and then if you have chosen a month to month or monthly installment payment subscription plan, bill your credit card monthly thereafter for your monthly payments/installments. The available subscription plans and their terms, billing frequency and renewal/upgrade requirements are summarized as follows:
|Subscription Plan||Subscription Term||Billing Frequency|
|Bronze||FREE||FREE One Day Trial|
|Silver||One Day||Ends after One Day Period Expires|
|Gold||Three Months||Beginning of Three Month Period|
|Beginning of Annual Term.|
Unless the Service is terminated by you or BidJudge as provided elsewhere in this Agreement, you agree to pay and authorize BidJudge to charge the credit card you provided in the amount of the then-current subscription fee (or an installment portion thereof, as applicable) for the subscription term you have chosen in accordance with the schedule provided above. The current subscription fees for the various subscription plans may be found on the BidJudge Subscription Signup page of this website.
If any payment instrument you tender is dishonored or returned unpaid for any reason (including a credit card chargeback) by a financial institution, we will be entitled to collect from you a fee of $25 or such larger amount as may be permitted by applicable law.
If your account with BidJudge is past due, your subscription and use of the Website is subject to interruption or termination as provided below, and BidJudge may avail itself of all available collection remedies. You agree to reimburse us the for fees of any collection agency we utilize, which may be based on a percentage of the debt, and for all costs and expenses, including reasonable attorneys' fees, we incur in such collection efforts.
Termination and Non-Renewal
If you wish to terminate or not renew your subscription for the Service, you may do so at any time by calling BidJudge at 602-456-2439 . BidJudge does not accept notices of termination or non-renewal by e-mail or any other means, regardless of whether such notice is actually received by BidJudge. BidJudge will provide an e-mail confirmation of your termination or non-renewal to the address you designated when subscribing to the Service.
Any notice of non-renewal will be effective at the end of your then-current subscription term. Any notice of termination will also be effective at the end of your then-current subscription term unless, in connection with one- or two-year subscription plans involving monthly installment payments, you indicate that you wish to make the cancellation effective immediately. In that case, immediate cancellation will be conditioned upon payment of an early termination fee equal to one-half of the unpaid portion of the total subscription fee for the then-current subscription term. For example, if you have a one-year subscription the fee for which is payable in monthly installments and you notify us that you wish to cancel during month 6 of your one-year subscription, your subscription will remain active until the end of the one-year term unless you indicate you wish the cancellation to be effective immediately and pay an early termination fee equal to 3 monthly installments. BidJudge will not issue prorated refunds of subscription fees already paid.
If you undertake any action or fail to take any action in breach or contravention of this Agreement, including failure to make any required payment when due, BidJudge may immediately and without notice terminate this Agreement with you and/or block or prevent your access to the Website.
Intellectual Property Ownership
All information and content contained on or in the Website, including but not limited to text, images, video, audio and data are owned by and proprietary to BidJudge, In addition, ALL users agree to not emulate, copy BidJudge proprietary features such as MAP IT; DATA; CONTRACTOR STATISTICS; LIVE; etc. its vendors and/or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to BidJudge, its vendors and/or licensors. Except as otherwise specifically stated in this Agreement, you may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or make any other use of the information or content of this Website. Any unauthorized use by you may subject you to penalties or damages. BidJudge will enforce its intellectual property rights to the full extent of the law. Your subscription and or trial to the Service is for your own use, and any sharing of your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited. You are responsible for every instance in which your account information, login, passwords, or the information, content and data provided by the Service is used by someone other than you, and BidJudge reserves the right, and you hereby authorize BidJudge, to charge your credit card an additional monthly fee for such use in violation of this no-sharing policy. Access to the Service through the use of a specific user name and password will be terminated if there is an attempt to establish concurrent access to the Service using the same user name and password.
You may not use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the Website or any of its content for in order to compete in any manner with BidJudge nor may you resell or redistribute Website content without prior express written consent of management of BidJudge. The user of the Website may not attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website without prior express written consent of management of BidJudge. You may not use the Website to obtain or attempt to obtain through any means any materials or information on the Website that has not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website. You may not use the Website in a manner that would violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password mining or any other means. The user of the Website may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. The user of the Website may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website. BidJudge reserves the right to limit the number of projects, contacts and companies that can be viewed during any given time period. BidJudge reserves the right to validate business authenticity as needed or required to support proper use of the Website.
Notice of Copyright Infringement
If you believe that information or content contained on this Website infringes on your copyrighted work, please notify the BidJudge copyright agent at the following address:
Your notice to our agent must be in writing and must include:
BidJudge will remove any infringing material, subject to the procedures outlined in the Digital Millenium Copyright Act.
No Confidentiality or Use Limitations for Submitted Information
You acknowledge and agree that any communication or material you transmit to this Website (other than billing and credit card information which will be treated as described in the "Secure Server Pages / Online Application Pages" section of this User Agreement), in any manner and for any reason, will not be treated as confidential or proprietary information and that any such communications or other materials you transmit to this Website may be used by BidJudge for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if BidJudge decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
Secure Server Pages / Online Application Pages
Some of the pages on the Website requiring information are certified as Secure Sockets Layer (SSL) pages as designated. BidJudge appreciates the importance of providing a secure environment on its Website for the purpose of providing billing and credit card information to process orders and subscription applications, and will take all reasonable and customary steps to protect the information of that type that you provide. Please use all means to protect your personal information, particularly if you are using a shared computer. An application to subscribe to the Service may be submitted in paper form as well as online through the Website. If you submit an application in paper form, it must be signed and it will be deemed to incorporate any supporting documents and disclaimers on this Website that apply to online applications. If there is any conflict or inconsistency in terms between any online document and a subsequently submitted signed document, the conflict shall be resolved by relying on the document which is actually signed. Subscription applications submitted on this Website are considered "pending acceptance and approval" and are not complete until a confirmation of approval and acceptance has been sent by BidJudge. In the event an application cannot be accepted, any payment made shall be refunded or credited to the credit card account within a reasonable period.
Use of this Site at Own Risk
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND OF THE SERVICE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR ACCESS TO, USE OF OR BROWSING IN THIS WEBSITE OR FROM YOUR DOWNLOADING AND/OR USE OF ANY FILES, MATERIALS, TEXT, DATA, IMAGES, VIDEO OR AUDIO ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR THE FAILURE OF ANY INTERNET SERVICE PROVIDER.
Disclaimer of Warranties
You acknowledge and agree that BidJudge will make reasonable efforts to ensure that the content and information provided by the Service is correct and based upon current information. EXCEPT AS EXPRESSLY SET FORTH IN THIS USER AGREEMENT, OUR WEBSITE (INCLUDING ALL WEBSITE CONTENT, SOFTWARE, AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS-IS AND AS-AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THAT PURPOSE HAS BEEN DISCLOSED), TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. BIDJUDGE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT OUR WEBSITE, INCLUDING THE SERVER(S) ON WHICH OUR WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL BIDJUDGE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, INCLUDING THE CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE BE LIABLE FOR LOSS OF REVENUE OR PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, DAMAGES FOR PERSONAL INJURY OR DEATH, OR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF BIDJUDGE HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT WILL BIDJUDGE'S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO BIDJUDGE, REGARDLESS OF THE FORM OF CLAIM.
You agree to indemnify and hold harmless BidJudge, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys' fees) arising from or relating to:
Unlawful Content and Behavior
You acknowledge and agree that you will not post or transmit to this Website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that BidJudge or other parties may be involved in creating, producing or delivering this Website, may monitor or review transmissions, postings, or discussions, BidJudge assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although this Website may be linked to other websites, BidJudge neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with any linked website, unless otherwise specifically stated in this Website. BidJudge has not reviewed all websites linked to this Website, is not responsible for the content of any other website linked to this Website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by you to any other websites is at your own risk.
Application of Laws
You acknowledge and agree that although the information and materials on the Website may be read throughout the world, this Website is designed and intended for use in the United States, and that your use of this Website and this Agreement generally will be governed by the laws of the State of Illinois applicable to contracts made and performed there without regard to its conflicts of law principles. If you access this website from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials in the Website do not conform to the laws of the country where you access the Website, the information is not meant for you. BidJudge makes no representation that the information and materials contained in this Website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or in connection with your use of this Website or the Service, the laws of the State of Illinois shall apply without regard to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa county, Arizona and further agree that the states and federal courts located in Maricopa county, Arizona shall be the exclusive venue for the resolution of any dispute between BidJudge and you.
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. In addition, ALL users agree to not emulate, copy BidJudge proprietary features such as MAP IT; DATA; CONTRACTOR STATISTICS; LIVE; etc.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of BidJudge.
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.
All bid results are as-read bid results; Bid results are based on the total of all bid amounts read (i.e. base bid, alternates, etc.); Information provided may be incorrect; Data /Rankings feature are for entertainment only, it does not accurately measure a contractor as a business, individual, etc.; Users /subscribers agree to allow BidJudge to use their information for solicitation purposes; Users /subscribers agree to not compete directly with BidJudge by broadcasting LIVE bid openings, pre-bid meetings, developing their own “Data” Algorithm, redistributing BidJudge information (i.e. Bid Results, Contractor Data, Project Information, Analytics, Etc.). Users /subscribers that violate this agreement in any form agree to compensate BidJudge 10-times its current annual revenue base or $5,000,000.00 USD whichever is greater at the time of violation in addition to attorney fees, administration costs, etc. Additionally, Users /subscribers understand and agree that BidJudge.com and their Agents do not guarantee the accuracy of the data and information provided and hereby expressly disclaim any responsibility for the truth, lack of truth, validity, invalidity, accuracy, inaccuracy of any said data and information. Users /subscribers accept responsibility for Users /subscriber’s unauthorized use or transmission of any such data or information in its actual or altered form. BidJudge can deny any user for whatever reason, whatsoever without providing a legitimate reason for denial. Additionally, ALL current or past users that develop features that are similar in nature to BidJudge features agree that this is a direct conflict and will be asked to remove the feature and or pay for damages as noted in this Disclaimer. Be advised, Monthly Payment Plans are based on 12-months, not Month-to-Month, cancel when you choose; if you would like to cancel prior to the 12-month agreement, you are still liable for the unused months. GOVERNMENT AGENCY: Government agencies (“GA”) receive a free subscription to BidJudge.com that does not expire if the GA follows the BidJudge disclaimer and that the GA understands and agrees that their credentials are not to be shared with any other contractor, person, etc. or their free subscription will be terminated in addition to paying for a yearly subscription for each violation. GA agrees to let BidJudge representatives be the GA’s choice when allowing bid openings to be webcast, pre-bid conferences to be recorded, etc. as part of GA’s free subscription. In addition, GA agrees not to webcast, stream or broadcast LIVE bid openings as to compete and or cause BidJudge to lose revenue or potential revenue; GA agrees if this agreement is violated, it will compensate BidJudge based on the violation damages found in this Misc section of the disclaimer. UNAUTHORIZED ACCESS: Signing on to BidJudge without a paid account is unauthorized and illegal. This includes signing in with a valid subscribers credentials. The violator and/or company agrees to pay $2,500.00 USD for EACH time the violator signs in, in addition to any and all attorney fees. Violator agrees to compensate BIDJUDGE at the rate of $100 per hour for damages that can be settled in a small claims suit including the cost of subpoenas which will be charged at a rate of $120 each. If the owed amount is greater than the small claims court maximum, the violator agrees to proceed in Mediation. NON PAYMENT BY SUBSCRIBER: If a subscriber has not paid their subscription amount and a small claims suit is filed, subscriber agrees to compensate BIDJUDGE at the rate of $100 per hour in addition to their subscription non payment. A minimum of one hour will be charged for any work performed for the small claims suit, any time above one hour will be billed accordingly. For example: if a BIDJUDGE rep spends one and one half hour on the small claims case, the cost billed would be $150 USD. If the owed amount is greater than the small claims court maximum, the subscriber agrees to proceed in Mediation. BIDJUDGE STATE REP: Please be advised youre agreeing to all the terms of the "BidJudge State Rep" contract which details the terms of individuals or companies that are interested in or currently representing a state for BidJudge. The contract is on file and can be sent for your review if requested.
COMPETITOR and/or INVESTOR CONTRACTUAL AGREEMENT
As a direct or indirect competitor or investor, I understand BidJudge is allowing me to evaluate the BidJudge website for an informative view to consider possible investment and or partnership, not to emulate or copy BidJudge features that would work for my company and or investment team. I will not and agree not to emulate or copy BidJudge proprietary features such as MAP IT; DATA; CONTRACTOR STATISTICS; LIVE; etc. I understand these features are BidJudge intellectual Property and will not compete against BidJudge in this manner. If a similar feature is implemented, I agree to compensate BidJudge the damages set in this disclaimer listed in the MISC section.