Terms and Conditions of Use Agreement for Cianbro Corporation’s Electronic Bid Documents
The electronic project plans, specifications, Contract Documents, and other information (“Content”) provided through this Cianbro Corporation (“Cianbro”) Website are for the Contractors’ convenience. Use of this Website and the Content contained herein are subject to the following terms and conditions:
1. Restricted Access. Access to Content is provided for use by Cianbro’s potential bidders, such as prime bidders, subcontractors, and suppliers, and Cianbro employees only (“Users”). Access and use of this Content by any other person or entity is strictly prohibited. Contact Cianbro at _____________ if you are uncertain as to whether you have authorized access to this Content before proceeding. Cianbro reserves the right to control and/or limit access to this Website in its sole discretion. Access may be denied at any time. Access may be denied to any individual who, in the sole discretion of Cianbro, makes use of this Website for an inappropriate purpose or in violation of this Agreement.
2. No Redistribution. Access to Content through this site by any other plan center, reprographics firm, or construction news or project reporting business is specifically denied. “Harvesting” (downloading, copying, and transmitting) of any Content for purposes of reselling and/or redistributing information by any other party is denied.
3. Accuracy Not Guaranteed. Cianbro endeavors to provide accurate Content that may assist bidders in preparing their bids, but errors and omissions may occur and users are advised not to rely completely on the Content herein. Document clarity is dependent on the condition of original source documents and is not guaranteed. Cianbro does not warranty the scale of the posted images, on screen, after downloading, or on paper, no matter who prints them. The best sources of information for project files are the actual plans and specifications as issued by the Owner or owner's representative. Cianbro did not create the Content provided herein, and Cianbro does not warranty programs or project images to be free from defects or errors, known or unknown, obvious or latent. Accordingly, you agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
4. Partial Use of Content. Partial use of this site by Users does not limit or relieve User from the entire scope of work for the Project. Users must review and consider all Contract Documents prior to submission of any bid.
5. Availability Not Guaranteed. Cianbro does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of Cianbro’s control. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
6. Disclaimer of Warranty and Liability. Under no circumstances will Cianbro be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content on the Website, which is provided AS
IS. Cianbro SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CIANBRO OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CIANBRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO THIS WEBSITE.
7. Indemnity. User agrees to indemnify, defend, and hold harmless Cianbro, its officers, directors, employees, and agents from any damages, losses, costs or expenses (including the payment of litigation costs and attorney fees) that arise from User’s use and/or operation of this Website.
8. Miscellaneous: User agrees that if any provision of these Terms and Conditions of Use is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Maine, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to these Terms and Conditions or the Website shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Maine. Use of this Website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions of Use, including without limitation this paragraph.
9. Acknowledgement. By creating a user profile, you represent that you have authorization from your employer to accept these Terms and Conditions of Use and to access the Content on this Website.