PLEASE READ THESE AUTHORIZED USE TERMS CAREFULLY. BY OPENING, ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT OPEN, ACCESS OR USE THE SERVICES.

Download Text     Privacy Policy

1.1 Infinite Source Systems Corporation "ISSC" is the developer and owner of the software utilized to host and manage these Services. The BC Construction Association, BC Construction Association-North, Southern Interior Construction Association, Vancouver Island Construction Association and Vancouver Regional Construction Association (collectively the "ASSOCIATIONS") are licensees that operate this site to offer services that permit users to communicate and electronically bid on procurement opportunities and projects, as well as offer other associated features (the "Services") to members of the ASSOCIATIONS and other authorized users (the "Site"). The Services on this Site, including all software supplied or accessible in connection with the Services, are provided for users to access, browse, compete, communicate and work on public and private sector tendering and procurement opportunities and projects. Our Services are diverse, so additional terms may apply for some of them. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. The ASSOCIATIONS and Customers of the ASSOCIATIONS (the "CONTENT PROVIDERS") have and will be placing information and documents (the "Content") on the Site for the users to access and browse as part of using the Services.

1.2 If you are a user of the Services, you must adhere to these Authorized Use Terms (the "Terms"). The term "you" means any user of the Services who is permitted by password or other user identification to access and use the Services, and who is bound by these Terms. Only authorized users are permitted to access and use the Services. The ASSOCIATIONS are licensees which have entered into a Services Agreement with ISSC for access to and use of the Services, and through which you may access and use the Services. Your use of the Services is authorized by the ASSOCIATIONS. Any violation of these Terms by you will be considered grounds for terminating your access and/or taking further action against you as more specifically identified in Section 8.0 below. If you have any questions about these Terms, you should contact the ASSOCIATIONS though the links on the Site.

1.3 By accessing and using the Services, you agree to be bound by the terms and conditions specified herein. You are granted the limited, non exclusive non transferable right to use the Services pursuant to the terms, conditions and restrictions herein. Your password is provided to you exclusively for your use and you are not permitted to share your password or provide access to the system in any form for persons who are not Authorized Users of the Services.

2.1 You acknowledge and agree:

1. that ISSC exclusively owns and retains any and all right, title and interest to the system Software (the "Software");
   
2. that the Content on the Site posted by the CONTENT PROVIDERS is owned exclusively by the CONTENT PROVIDER who has posted the Content (or other third parties) and the Content is subject to any proprietary rights of those respective CONTENT PROVIDERS (or other third parties);
   
3. that the Content on the Site posted by the ASSOCIATIONS is owned exclusively by the ASSOCIATION who has posted the Content (or other third parties) and the Content is subject to any proprietary rights of those respective ASSOCIATIONS (or other third parties);
   
4. that any related software of third party vendors or licensors provided or accessed in association with the Services is subject to any proprietary rights of those respective vendors or licensors; and
   
5. to refrain from any act or omission that derogates from or infringes upon exclusive proprietary rights of (i) ISSC in the Software; (ii) the ASSOCIATIONS, other CONTENT PROVIDERS, or other third parties in their respective Content; and (ii) any third party vendors or licensors in their software.
   

In the event that you become aware that a third party or third parties are improperly using or infringing upon any proprietary rights in the Software, Content or any third party software, you will promptly notify ISSC and the ASSOCIATIONS of all facts known to you relating to such use.

2.2 ISSC reserves the right to protect in any and all jurisdictions, by copyright, patent, trade mark, trade name and all other forms of legal and equitable protection, its right, title and interest to the Software or Services or any part thereof.

2.3 The ASSOCIATIONS, other CONTENT PROVIDERS, or other third party owners reserve the right to protect in any and all jurisdictions, by copyright, patent, trade mark, trade name and all other forms of legal and equitable protection, their right, title and interest to the Content or any part thereof.

2.4 You acknowledge and agree that all Content accessible in connection with the Services is the property of the CONTENT PROVIDER who has posted those documents or information. You will not use, store, copy or distribute any Content other than as required to bid or otherwise work on or participate in the construction of that specific project or procurement opportunity, without the express consent of the CONTENT PROVIDER who posted it. The Content may also be subject to third party rights. For example, the CONTENT PROVIDER may have posted Content that includes copyrighted material from third parties.

2.5 You acknowledge and agree that all Content posted by the ASSOCIATIONS is the property of the ASSOCIATION who posted the Content. You will not use, store, copy or distribute any Content posted by the ASSOCIATIONS, other than as required to use the Services, without the express consent of the ASSOCIATION who posted it. The Content may also be subject to third party rights. For example, the ASSOCIATION may have posted Content that includes copyrighted material from third parties.

3.1 You shall only access and use Content posted by the ASSOCIATIONS or other CONTENT PROVIDERS for your internal use. Content submitted by the ASSOCIATIONS or other CONTENT PROVIDERS may not be distributed to any other person by any other means and all access to such Content by other persons must be through the Site by an authorized user.

3.2 Much of the Content posted on the Site is protected by Copyright and other intellectual property rights. You acknowledge and agree that you will not undertake any action that infringes protected Content. If you think someone has infringed on your protected Content you may submit a written complaint to ISSC at 3630 E 4th Ave., Vancouver, B.C, Canada.

3.3 You may display, access and use the Services and Content upon the specific terms, conditions and restrictions herein contained. You may retrieve or print out certain portions of the Content for document management activities directly related to your business and the use of the Services. You may not transfer any Content printed or retrieved to anyone else who is not an authorized user. You are not permitted to make any permanent backup copies of the Services, Content or parts thereof. You may not interfere with or obstruct any copyright and trademark notices on any and all display copies, whether in whole or in part, in any form. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative work based on the Services or Content. The Services and Content may not be rented or leased to others.

3.4 You will comply with ISSC's and the ASSOCIATIONS' security and operating procedures posted on the Site or otherwise made available to you. You are responsible for maintaining the security and confidentiality of your password and user name and agree to be fully responsible for all activities that occur under your login information. You will follow safe and secure computing practices with respect to any device used to access the Services and use strong passwords. You may not compromise the security of the Services or any part thereof. Examples of violations of the security of the Services include, without limitation, the following:

1. accessing data not intended for you;
   
2. logging into a server or account which you are not authorized to access;
   
3. attempting to probe, scan or test the vulnerability of the Services;
   
4. attempting to interfere with service to any user, host or network including, without limitation, via means of overloading, "flooding," "mailbombing," or "crashing";
   
5. taking any action in order to obtain services to which you are not entitled;
   
6. assisting anyone to do any of the above.
   

3.5 You will provide accurate, current, and true information when creating your login information and you will keep your login information updated and current.

3.6 The Services may only be used for lawful purposes. For example, you may not use the Services to create, transmit, distribute, or store material that:

1. violates a trademark, copyright, trade secret or other intellectual property rights of others;
   
2. violates the privacy, publicity or other personal rights of others;
   
3. contains obscene, offensive or inappropriate content;
   
4. may be threatening, abusive or hateful;
   
5. encourages conduct that would constitute a criminal offense or give rise to civil liability;
   
6. violates reasonable regulations of other service providers with respect to the network.
   

If you become aware of any such activities, you are obligated to immediately notify the ASSOCIATIONS and take all other appropriate actions to cause such activities to cease.

3.7 Posting unsolicited e-mail messages, bulk commercial advertising or informal announcements to one or more groups (known as "Spam") is prohibited.

4.1In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

4.2 Authorized Users agree to use the system in an appropriate manner, for its intended purpose, and solely for their own use.

4.3 Use of the communications tools in the System is strictly limited to communications directly related to the Services. Authorized Users may not use or otherwise permit other persons to use the System to send spam, distribute sales or marketing materials, distribute general information about their company or services or any other purpose not directly related to communicating about the information, documents or project they have added to the system or been invited to access.

4.4 Authorized Users who abuse their access or permit or acquiesce in the use of the system by an unauthorized user by any means whatsoever, shall at the sole discretion of ISSC, be subject to immediate termination of their and/or their Company’s access and any Subscription fees or other payments made for use of the system are automatically forfeited. The Authorized User agrees to fully compensate ISSC for any damages which result to ISSC or any third party including, but not limited to, loss of revenue, costs incurred to repair any damage to the Services or the Services system which may have resulted from the unauthorized use and costs for any damages claimed by third parties as a result of any misuse of the System or of copyright infringement of any misuse of information obtained using the Services.

4.5 The entire contents of the ISSC systems, including all content accessible through the systems, are protected by copyright and other intellectual property rights and international treaties. Title and all other ownership rights in the ISSC systems and the content accessed through the ISSC systems shall remain with ISSC and the various publishers of content, as applicable. Authorized Users may not remove any copyright notices or other notices contained in the ISSC systems or in any materials retrieved therefrom.

4.6 When you upload or otherwise submit content to our Services, you give ISSC (and those we work with) a license to use, host, store, reproduce, communicate, publish, display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones. This license continues even if you stop using our Services. Some of our Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

5.1 There are both unpaid and paid functionality available through the Services. Paid services may require you to provide a credit card for payment. We take privacy seriously and protect your personal and credit card information as described in our Privacy Policy. For some Services there is an option to select recurring payments to be charged to your credit card. By selecting this option you are expressly consenting to being billed the agreed amounts on an automated schedule. If at any time you wish to modify your payment options that can be done in the My Account section of the Services.

6.1 When you register for the Services, ISSC and the ASSOCIATIONS collect personal information to permit you to use the Services in accordance with the Privacy Policy posted on this Site. The Privacy Policy can be accessed here. [Link to Privacy Policy]

7.1 The Services and Content are licensed under these Terms only to you as the user, and may not be transferred, and may not be assigned by you to anyone else.

7.2 You acknowledge and agree that ISSC and the ASSOCIATIONS may assign these Terms, in whole or in part, without your consent.

8.1 The ASSOCIATIONS reserve the right to immediately and without notice to you terminate or suspend your access to the Services at any time if the ASSOCIATIONS receive notice of any violation of these Terms by you, or if the ASSOCIATIONS suspects or has reason to suspect any such violation.

8.2 The ASSOCIATIONS reserve the right to take all further steps that the ASSOCIATIONS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to ISSC's or the ASSOCIATIONS' right to cooperate with any legal process relating to your use of the Services or the Content, and/or a third party claim that your use of the Services or the Content is unlawful and/or infringes such third party's rights). You agree that ISSC or the ASSOCIATIONS has the right, without liability to you, to disclose any of your login or personal information to law enforcement authorities, government officials, and/or a third party, as ISSC or the ASSOCIATIONS believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to ISSC's or the ASSOCIATIONS' right to cooperate with any legal process relating to your use of the Services or the Content, and/or a third party claim that your use of the Services or the Content is unlawful and/or infringes such third party's rights).

8.3 These Terms are in force until terminated. Use of the Services may be terminated immediately if you fail to abide by any provisions in these Terms. Notwithstanding the termination of these Terms, Sections 2.0 and 3.0 of these Terms will remain in full force and effect.

8.4 ISSC and the ASSOCIATIONS may, with or without notice to you, temporarily or permanently modify, suspend or discontinue the Services (or any part thereof) at any time. ISSC and the ASSOCIATIONS do not accept any liability for such modification, suspension, or discontinuance.

9.1 YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES AND THE CONTENT AND YOU ACKNOWLEDGE THAT THE SERVICES AND THE CONTENT ARE NOT INTERRUPTION-FREE OR ERROR-FREE AND THAT ISSC AND THE ASSOCIATIONS DO NOT WARRANT THE USE OF THE SERVICES OR THE CONTENT OR ANY PART THEREOF BY THE USER. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ISSC AND THE ASSOCIATIONS DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY IMPLIED AT LAW OR IN EQUITY. ISSC AND THE ASSOCIATIONS MAKE NO REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE SERVICES OR THE CONTENT OR ANY PART THEREOF IN TERMS OF CORRECTIONS, ACCURACY, RELIABILITY OR OTHERWISE. THE SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE".

9.2 In no event will ISSC or the ASSOCIATIONS be liable for your special, indirect or consequential damages, including those damages arising from lost profits, in the use or misuse of the Services or Content even if ISSC or the ASSOCIATIONS have been advised of the possibility of such damages. ISSC's or an ASSOCIATION's liability on any other claim for loss or liability, including negligence, arising out of or connected with these Terms, the Services, or the Content will in no case exceed the amount paid by the you for one month's use of the Services.

9.3 You will indemnify and save ISSC and the ASSOCIATIONS harmless from any claims, actions, causes of action, suits, proceedings, demands, assessments, judgments, costs, including reasonable legal costs and other expenses incidental to or arising out of a breach by you of your obligations under these Terms.

10.1 These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to its conflicts of laws rules. You hereby attorn to the jurisdiction of the Supreme Court of British Columbia.

10.2 These Terms may be modified only by ISSC and the ASSOCIATIONS and the modified version will be posted on the Site from time to time. You are responsible for periodically reviewing the amendments on the Site and you are deemed to be aware of such amendments and consent to such amendments by continued use of the Services. The current version of these Terms contains the entire agreement and understanding between ISSC and the ASSOCIATIONS and you with respect to the subject matter hereof and supersedes any prior agreement or understanding whether oral or written, relating to the subject matter hereof.

10.3 These Terms shall enure to the benefit of and be binding upon you, ISSC and the ASSOCIATIONS and each party's successors and permitted assigns.