Bid Ocean, Inc. cares about its customers and is easy to get along with. We don’t impose long-term contracts and allow temporary suspension of subscriptions. However, due to the generosity of our subscribers towards their friends, we must impose the following terms & conditions in order to continue to offer services to our customers at a reasonable rate.
Access to Bid Ocean, Inc. is subject to the following terms and conditions:
- This Terms of Service Agreement (the “Terms”) is entered into between Quest Construction Data Network, LLC (“QuestCDN”) and the entity/person(s) accessing QuestCDN or its data (which may be identified in these Terms as “You,” “Your,” or “User”). QuestCDN includes a computer network accessible through various Internet portals and data distributed by email and other means. You must be 18 years old or older to access the Site. These Terms are applicable for all web sites owned by QuestCDN and covers all proprietary data generated by QuestCDN. By accepting these Terms, you are accepting them on behalf of both you personally and any entity for which you are an agent of or appear to represent as indicated by the information you provide in registering with this QuestCDN web site, and the terms “You,” “Your,” and “User” shall include both you personally and that entity. 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 to these terms and conditions. These Terms, in addition to QuestCDN’s Privacy Policy any other terms and conditions or other agreements QuestCDN presents to You in writing, which are incorporated herein by reference, and You agree to as a part of using its QuestCDN web site, collectively contain the terms and conditions that govern Your use of this QuestCDN web site and any other QuestCDN web site on which these Terms are linked or appear (collectively, the “Site”).
BY CLICKING THE “I ACCEPT” OR SIMILAR BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, OR OTHER QUESTCDN SOFTWARE, SERVICES, OR WEB SITES (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS AND QUESTCDN’S PRIVACY POLICY AND YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND QUESTCDN’S PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR QUESTCDN’S PRIVACY POLICY, DO NOT ACCESS OR USE ANY PART OF THIS SITE.
QUESTCDN RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS IN QUESTCDN’S SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM, AND APPLY TO ALL ACCESS TO AND USE OF THE SITE AND THE SERVICES THEREAFTER. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES. YOU ARE EXPECTED TO CHECK THIS PAGE EACH TIME YOU ACCESS THIS WEBSITE SO YOU ARE AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.
ALL NOTICES REGARDING THE SITE AND ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE SITE WILL BE SENT TO YOU USING THE E-MAIL ADDRESS YOU PROVIDE TO QUESTCDN WHEN REGISTERING TO USE THE WEBSITE. IT IS YOUR SOLE RESPONSIBILITY AND A CONDITION OF YOUR USE OF THE WEBSITE AND THE SERVICES TO SUBMIT AN ACCURATE E-MAIL ADDRESS FOR ALL COMMUNICATIONS, MAINTAIN THE E-MAIL ACCOUNT ASSOCIATED WITH THE E-MAIL ADDRESS YOU PROVIDE, AND ENSURE THAT ALL QUESTCDN COMMUNICATIONS ARE RECEIVED BY YOU INCLUDING ANY THAT ARE OR MAY BE IMPACTED BY ANY SPAM FILTERS.
- ACCESS TO THIS SITE
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
To access this Site or the resources it has to offer, You may be asked to provide registration details or other information. It is a condition of Your use of this Site, and you represent, that all the information You provide on this Site will be correct, current, and complete. If QuestCDN believes the information You provide is not correct, current, or complete, QuestCDN has the right (but not the duty) to refuse You access to this Site, the Services or any of its resources, and to terminate or suspend Your access at any time with or without notice to You.
Access to the Site is monitored and each User’s access is recorded. User access from multiple computers or locations without prior consent from QuestCDN may result in the blocking of access.
Your right and license to access and use this Site is nonexclusive, nontransferable, and limited to the terms and conditions of these Terms. You may only use this Site for Your own internal business purposes. You may not: (a) reproduce, distribute, modify, translate, decompile, disassemble, or reverse engineer the Site; (b) create derivative versions of, publicly display, publicly perform, republish, download, store, or transmit any part of the Site; or (c) rent, transfer, resell, license, sublicense, distribute or grant any rights in the Site in any form.
You may use this Site for purposes expressly permitted by these Terms. You may not use this Site, the Services or any services or materials available from the Site for any other purpose, including without limitation any commercial purpose (except as permitted by these Terms), without QuestCDN’s express prior written consent. For example, and without limitation, You may not (and may not authorize any other party to): (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of QuestCDN. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with QuestCDN in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Users with access to fax & email sending features agree to abide by laws governing the transmissions of faxes, e-mail and other electronic messages and shall not use QuestCDN to send unsolicited ads or “spam.”
Violation of these Terms will be considered a breach of contract and may also be a criminal violation of the U.S. Computer Fraud and Abuse Act (CFAA) 18 USC § 1030, and could be prosecuted as a felony. Violation of these Terms may result in suspension of access to all QuestCDN portals and information as well as legal and civil action.
- RESTRICTIONS ON USE
You agree that You will not:
- Use or 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, for any purpose, including monitoring or copying any of the material on the Site, or to access, acquire, copy, or monitor any portion of this site, any data or content found on or accessed through this site without QuestCDN’s express written permission. The only exception to this rule is for search engine spiders from publicly available search engines who comply with this Site’s robots.txt file and who do not impose an unreasonable load on the Site.
- Violate the security of this site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with this Site, through hacking, password mining or any other means.
- Use the Site in any manner or take or attempt any action that imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site or could disable, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site or take any action that imposes, or may impose in QuestCDN’s sole discretion, an unreasonable or disproportionately large load on QuestCDN’s infrastructure or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Bypass QuestCDN robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Agreement, without our prior written consent;
- Interfere with, attempt to interfere with, use any device, software, or routine that interferes with the proper working of the Site, or otherwise disrupt the proper working of this Site, any activities conducted on or through this Site or any servers or networks connected to this Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on this Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Site.
Users with access to e-procurement features agree only to post legitimate solicitations for goods and services and to adhere to formatting and content requirements detailed in the E-Procurement Usage Guide.
- SUBSCRIPTIONS
No refunds shall be given, except when specified in a valid written agreement or offer. No credits or refunds shall be given for Acts of God or other non-human entity, war, economic collapse, states of emergency, or other failures beyond the control of QuestCDN.
Subscriptions which are not for a fixed term are continuous until canceled in writing. “In Writing” means by email with receipt confirmation, by fax or by mail. A notification not actually received by QuestCDN is not valid. Receipt of notification must be confirmed. Continuous subscriptions may be temporarily suspended for up to 3 months without charge.
Refunds are made by check within 30 days. Credit-card “charge-backs” carry a $50 fee, without exception.
QuestCDN reserves the right to cancel subscriptions it feels are not in its best interest. Refunds are provided for the unused portion of a subscription canceled by QuestCDN if User has not violated these Terms.
You accept responsibility for any value added tax (VAT), sales tax, digital services tax or other taxes imposed by their local or national governments on their subscription/membership fee and agrees to hold this Site’s owners, operators, hosting company, data contributors, affiliates, associates, advertisers, subcontractors, coders and assigns harmless and exempt from any and all liability related to the collection and payment of any taxes imposed by subscriber’s taxation authorities in relation to subscriptions or memberships to this website. In other words, sales and other local taxes are not included in the subscription/membership price and subscriber assumes sole responsibility for paying any such taxes to their local tax authorities if so required.
- PROPRIETARY INFORMATION
While procurement solicitations from U.S. government agencies is public information, in the public domain and can’t be legally copyrighted, not all of the information contained in and distributed by QuestCDN is public. Other than such public information, the Site and any other web site owned, operated, licensed, or controlled by QuestCDN and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the “Content”) are owned by QuestCDN, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. QuestCDN or the party that provided the Content to QuestCDN retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, reproduced, resold, distributed, republished, uploaded, posted, modified, used to create derivative works, publicly displayed, publicly performed, republished, downloaded, stored, or transmitted in any way without the prior written consent of QuestCDN, except that You may print out a copy of the Content solely for Your use in reviewing project or bid information. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. User agrees not to communicate the Content or any other proprietary data from QuestCDN to any unauthorized person or entity without the express written permission of QuestCDN Modification or use of the Content except as expressly provided in these Terms violates QuestCDN’s intellectual property rights or the intellectual property rights of the party that provided the Content to QuestCDN. Neither title nor any intellectual property rights are transferred to You by access to this Site.
- HYPER-LINKS
This Site may be hyper-linked to other web sites which are not maintained by, or related to, QuestCDN. Hyper-links to those web sites are provided for Your convenience only and are not sponsored by or affiliated with this Site or QuestCDN. QuestCDN has no control over the contents of those sites or resources, has not reviewed the other web sites and is not responsible for the content of those web sites or for any loss or damage that may arise from Your use of them. Hyper-links are to be accessed at the user’s own risk and subject to the terms and conditions of use for such web sites, and QuestCDN makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the web sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party web site does not necessarily imply endorsement by QuestCDN of that web site.
- SUBMISSIONS
You grant to QuestCDN the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, questions, comments, feedback or other information communicated to QuestCDN through this Site (together, the “Submission”) for any purposes, commercial or otherwise, including without limitation the display and transmission of project and bid information without acknowledgment or compensation to You.
- COPYRIGHT INFRINGEMENT
If You believe that Your copyrightable work has been copied on the Site in a way that constitutes copyright infringement, please provide the QuestCDN Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying QuestCDN and its affiliates that Your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the Site, including any project or bid identification information, if applicable;
- Your name, address, telephone number, and e-mail address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
QuestCDN’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent:
Copyright Legal
320 W. Ohio St., Suite 300,
Chicago, IL
60654__________________
e-mail: success@questcdn.com
If You fail to comply with all of the above requirements, your notice of infringement may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on the Site is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees).
QuestCDN may in appropriate circumstances disable and/or terminate the accounts of users who are repeat infringers.
- DISCLAIMER
You understand that QuestCDN cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONENT OR MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. QuestCDN does not assume any responsibility or risk for Your use of the Internet.
All content that is submitted by others and available on the Site is the sole responsibility of the person or entity that submitted that information. QUESTCDN DOES NOT CONTROL AND IS NOT LIABLE IN ANY WAY FOR ANYTHING IN RELATION TO THAT CONTENT, INCLUDING WITHOUT LIMITATION FOR THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR TIMELINESS OF ANY SUCH CONTENT. QUESTCDN MAKES NO REPRESENTATION AND DISCLAIMS ALL LIABILITY RELATED TO THE ABILITY OF THE BID PROVIDERS TO PERFORM ACCORDING TO THEIR BIDS, OR THE ABILITY OF THOSE SOLICITING BIDS TO PAY FOR THE PRODUCTS AND SERVICES REQUESTED. YOU ARE SOLELY RESPONSIBLE FOR ALL INTERACTIONS YOU (AND ANYONE USING YOUR ACCOUNT) HAVE WITH OTHER USERS OF THE SERVICES.
YOUR USE OF THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. QUESTCDN DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. QUESTCDN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY CONTENT, SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WHILE CONSIDERABLE EFFORTS ARE MADE TO VERIFY THE ACCURACY OF CONTENT OR OTHER INFORMATION PUBLISHED, NO GUARANTEES ARE MADE AS TO THE ACCURACY OF THE CONTENT OR INFORMATION OR THE AMOUNT OF CONTENT OR INFORMATION TO BE PUBLISHED. QUESTCDN DOES NOT WARRANT OR MAKE ANY REPRESENTATION WITH RESPECT TO THE RELIABILITY, ACCURACY, OR, OR THE AVAILABILITY OR RESULT OF USE, OF THE CONTENT IN TERMS OF COMPLETENESS, SECURITY, QUALITY, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND QUESTCDN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT QUESTCDN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF ANY LOSS OR DAMAGE ARISES FROM THE USE OF THIS SITE OR ITS CONTENT. QUESTCDN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Some states may not allow the disclaimer of certain warranties, so the foregoing disclaimer may not apply to You.
- LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL QUESTCDN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE, DATA, OR INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF QUESTCDN HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF QUESTCDN AND ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO QUESTCDN FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You, but in any event shall apply to the maximum extent allowed by law.
- INDEMNITY
You will defend, indemnify and hold harmless QuestCDN, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, directors, and contractors, successors, and assigns (the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) of the Indemnified Parties arising out of or relating to any breach or violation of these Terms by You or your use of the Site, including without limitation any accusations that any content You submit, access or otherwise upload or download infringes any intellectual property rights of another or any unauthorized access by You of any Content. You will also defend indemnify and hold harmless the Indemnified Parties from and against any claims brought by third parties arising out of Your use of the information accessed from this Site.
- TRADEMARKS
Trademarks, service marks, designs, slogans and logos appearing in this Site are the property of QuestCDN or the party that provided the trademarks, service marks, and logos to QuestCDN. QuestCDN and any party that provided trademarks, service marks, and logos to QuestCDN retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site. You must not use such marks without the prior written permission of QuestCDN.
- INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this Site any material that:
- You do not have the right to post, including proprietary material of any third party and infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights, patents, trade secrets, trademarks or their rights of publicity;
- violates any law or may be considered to violate any law or advocates illegal activity or discusses an intent to commit an illegal act;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, is abusive, harassing, threatening, or offensive;
- impersonates or misrepresents QuestCDN, a QuestCDN employee, another user, or any other person or entity, Your connection to any other entity or person, falsely state or otherwise represent an affiliation with a person or entity, or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity except as may be specifically authorized on this Site;
- consists of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- includes data that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; or
- disrupts the ability of other users to access or use the Site;
QuestCDN reserves the right to monitor use of this Site to determine compliance with these Terms, as well the right to remove or refuse any information or submitted Content for any reason. Notwithstanding these rights, You remain solely responsible for Your submissions. You acknowledge and agree that neither QuestCDN nor any third party that provides content to QuestCDN will assume or have any liability for any action or inaction by QuestCDN or that third party with respect to any submission.
- SECURITY
In order to access or use most of the features of the Services, You must register with QuestCDN and create an account. As part of this registration process, You will be asked to create a profile and select a User ID and password. All profile information must be true, accurate, and complete. Your registration information will act as the basis of Your profile and QuestCDN also uses various details provided by You to verify Your authenticity throughout Your use of the Services. You are solely responsible for any and all use of Your account (whether by You or anyone using Your account). You are solely responsible for the confidentiality and security of Your account password and log-in information. You must notify QuestCDN immediately of any actual or suspected breach of security or unauthorized use of Your account or if Your user name and password have been compromised.
Any passwords, login information, or other credentials used in relation to this Site are for use by You only. QuestCDN will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that QuestCDN considers insecure, QuestCDN will be entitled to require the password to be changed and/or terminate Your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing manually or through programs, cracking tools, or network probing tools) is strictly prohibited. If You become involved in any violation of system security, QuestCDN reserves the right to release the details of Your violations to others in QuestCDN’s sole discretion, including without limitation to governmental authorities, private investigators, or other users of the Site in order to assist them in resolving security incidents.
QuestCDN reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing QuestCDN to disclose the identity of anyone violating the security of the Site or publishing or otherwise making available any materials that are believed to violate these Terms.
However, QuestCDN does not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, QuestCDN assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. QuestCDN has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS QUESTCDN FROM ANY CLAIMS BY YOU OR ANY OTHER PARTY RESULTING FROM ANY ACTION TAKEN BY QUESTCDN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER QUESTCDN OR LAW ENFORCEMENT AUTHORITIES. QUESTCDN RESERVES THE RIGHT IN ITS SOLE DISCRETION TO LIMIT OR TERMINATE YOUR ABILITY TO ACCESS THE SITE AND ITS SERVICES, AND TO DELETE OR OTHERWISE REMOVE YOUR ACCOUNT AND ANY INFORMATION YOU HAVE UPLOADED INCLUDING ANY SUBMITTED PROJECTS OR BIDS IF YOU VIOLATE THESE TERMS.
- MISCELLANEOUS
- DISPUTE RESOLUTION GOVERNING LAW AND JURISDICTION; LIMITATION ON TIME TO FILE CLAIMS
All matters relating to the Website and these Terms shall be governed and interpreted pursuant to the laws of Illinois, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Illinois in connection with any dispute between You and QuestCDN arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Illinois. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- SEVERABILITY AND WAIVER
If any part these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver by QuestCDN of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of QuestCDN to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- CHANGES TO THE WEBSITE
QuestCDN may update the Content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the Content or material on the Site may be out of date at any given time, and we are under no obligation to update such material.
- GEOGRAPHIC RESTRICTIONS
QuestCDN is based in the State of Minnesota in the United States. QuestCDN provides this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, you do so on Your own initiative and are responsible for compliance with local laws.
- INDEPENDENT CONTRACTORS
You and QuestCDN are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
- INTEGRATION
These Terms, including QuestCDN’s Privacy Policy and any other terms and conditions or other agreements QuestCDN presents to You in writing and You agree to as a part of using the Site or the services available through the Site, collectively constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between You and QuestCDN with respect to QuestCDN’s Sites. If these Terms conflict with the QuestCDN Terms of Use for Bidders or the QuestCDN Terms of Use for Owners, the terms of those agreements shall control and define the agreement between You and QuestCDN.
- INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
For more information, call 952.233.1632 or use our contact form.
Contact Us!
Quest Construction Data Network, LLC, 320 W. Ohio St., Suite 300, Chicago, IL 60654
Phone: 970-237-441
Last updated January 5, 2024