Terms & Conditions

TERMS AND CONDITIONS FOR USE OF AMIDONCONTRACTINGSOLUTIONS.COM AND THE AMIDON PORTAL

The following Terms and Conditions ("Terms") form an agreement in which You (as defined below) may use www.amidoncontractingsolutions.com (the "Amidon Website"), as either a User. (Persons using the website are hereafter referred to as “Users,” or “You.”) If You do not accept the Terms stated here, do not use the Amidon Website. By using the Amidon Website, you agree to be bound by these Terms.
Amidon Contracting Solutions, Inc. ("Amidon") reserves the right to revise any these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The term "You" is used herein refer to all individuals and/or entities accessing AmidonContractingSolutions.com for any reason.

1. Your Right to Use the Amidon Content Use of Amidon Content.
Amidon authorizes You to view and access a single copy of the Amidon Website solely for the purpose of receiving information about Amidon. As a vendor, subcontractor, or subcontractor you may have access to the interactive portion of the website which you can access by clicking on certain links labled “Portal” (hereinafter referred to as the “Amidon Pportal”) The contents of the Amidon Website, the Amidon Portal, and of all other Web sites under Amidon's control, whether partial or otherwise (collectively referred to as "Amidon Sites") such as text, graphics, images, logos, button icons, software and other Amidon content (collectively, "Amidon Content"), are protected under both United States and foreign copyright, trademark and other laws. All Amidon Content is the property of Amidon or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Amidon Sites is the exclusive property of Amidon and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Amidon Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Amidon Content on any authorized copy You make of the Amidon Content.

You agree not to sell or modify the Amidon Content or reproduce, display, publicly perform, distribute, or otherwise use the Amidon Content in any way for any public or commercial purpose, in connection with products or services that are not those of AmidonContractingSolutions.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Amidon or its licensors, that dilutes the strength of Amidon's or its licensor’s property, or that otherwise infringes Amidon's or its licensor’s intellectual property rights. You further agree to in no other way misuse Amidon Content that appears on this Site. The use of the Amidon Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Amidon creates to generate or display any Amidon Content or the pages making up any Amidon Site is also protected by Amidon's copyright and you may not copy or adapt such code.

2. Your Right to Use the Amidon Portal and Content.
In order to log on to or create an account as a Vendor, Subcontractor, or Contractor, (collectively the “Amidon Subcontractors”) you must have executed an Amidon Vendor Agreement, Amidon Subcontractor Agreement, Amidon Contractor Agreement or other agreement that authorizes you to access the Amidon Portal prior to creating an account or logging on. You use of the Amidon Portal is governed by this Agreement and when you are using the Amidon Portal, you are considered a User under this Agreement.

3. Amidon Site Restrictions.
Users may not use any Amidon Site in order to transmit, post, distribute, store or destroy material, including without limitation, Amidon Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any Amidon Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Amidon Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Amidon will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

In order to ensure a safe and effective experience for all of our Users, Amidon reserves the right to limit the amount of data that may be accessed by You in any given time period. These limits may be amended in Amidon’s sole discretion from time to time.

4. Specific Prohibited Uses.
The plans, specifications, and progress or status information about specific construction or other projects that Amidon is undertaking (the “Amidon Projects”) will be housed in a database (the “Amidon Database”). The Amidon Database, the Amidon Content and other features of the Amidon Website and the Amidon Portal may be used only for lawful purposes by individuals or organizations who are under contract with Amidon, and may be used only for the purpose of fulfilling your contractual obligations with Amidon. Amidon may restrict your access to the Amidon Database to include only information about the specific Amidon Project or a portion of the Amidon Project on which you are working.

Amidon specifically prohibits any other use of the Amidon Sites, and all Users agree not to do any of the following: (a) post any information on any Amidon Site for any competitor of Amidon or post information or other content that contains links to any other site, including without limitation sites competitive with Amidon; (b) post information or content on any Amidon Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the Project or are otherwise misleading; (c) use any Amidon Database for any purpose other than to perform your obligations as an Amidon Subcontractor; (d) transfer any confidential information learned on the Amidon Site to any third party (e) post or submit to any Amidon Site any incomplete, false or inaccurate information including without limitation information about Projects; (f) post on any Amidon Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity; (g) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any Amidon Site; (h) delete or revise any material posted by any other person or entity; (i) take any action that imposes an unreasonable or disproportionately large load on any Amidon Site's infrastructure; (j) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Amidon Site other than the search engine and search agents available from Amidon on such Amidon Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (k) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Amidon Site; (l) aggregate, copy or duplicate in any manner any of the Amidon Content or information available from any Amidon Site, without express written consent from Amidon; or (m) frame or link to any Amidon Content or information available from any Amidon Site.

Amidon does not necessarily monitor any materials posted, transmitted, or communicated to or within the Amidon Portal. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Amidon may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Amidon has no liability or responsibility to Users for performance or nonperformance of such activities.

5. Registration Information.
When You register with the Amidon Portal or any other Amidon Site or when you e-mail Amidon or submit information through a “Contact Us” page in the Amidon Website, You may be asked to create a Amidon Account or otherwise provide Amidon with certain information including, without limitation, a valid email address, other contact information, and information about any project on which you would like for Amidon to bid or otherwise consider working (your "Information"). Information you submit will be used in accordance with Amidon's Privacy Statement.

Amidon reserves the right to offer third party services and products to You based on the Information and at any time thereafter; such offers may be made by Amidon or by third parties. Please see Amidon's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, Amidon does not provide or make any representation as to the quality or nature of any of the third party products or services offered or purchased through the Amidon Sites, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

You understand and acknowledge that you have no ownership rights in your Amidon Account, and that if you cancel your Amidon Account, all your account information from Amidon may be retained or deleted in Amidon's databases solely in Amidon’s discretion. Your Information be removed from any area of the Amidon Sites accessible by other Subcontractors or other persons at any time, solely in Amidon’s discretion. While you may request removal of your Account Information from the Amidon Portal or the Amidon Sites, whether to allow such removal and the timing if such removal is solely in Amidon’s discretion In addition, third parties may retain cached copies of your Information.

6. User Content and Submissions.
You are solely responsible for your Amidon Account information or content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any Amidon Site or the Amidon Portal transmit to other Users. You agree that in submitting User Content or otherwise using any Amidon Site that you will not impersonate any person, or submit any materials to Amidon that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

By posting User Content to any area of the Amidon Site or the Amidon Portal that may be available to third parties, You automatically grant to Amidon and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content on any Amidon Site, You acknowledge and permit any other User to access, display, view, store and reproduce such User Content. While Amidon seeks to limit such use to the purposes of contained in the Amidon system, Amidon takes no responsibility for other persons using such information for personal use. Subject to the foregoing, the owner of such User Content placed on any Amidon Site retains any and all rights that may exist in such User Content.

Amidon acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Amidon may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Amidon Site. Amidon reserves the right to expel Users and prevent their further access to the Amidon Sites and/or use of Amidon services for violating the Terms or applicable laws, rules or regulations. Amidon may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Amidon, damage Amidon’s brand or public image, or cause Amidon to lose (in whole or in part) the services of its ISPs or other suppliers.

Amidon does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on the Amidon Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
• harasses, incites harassment or advocates harassment of any group or individual;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• contains restricted or password only access pages, or hidden pages or images;
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
• provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
• solicits passwords or personal identifying information from other Users.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Amidon may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Amidon has no liability or responsibility to Users for performance or nonperformance of such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and the Amidon Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Amidon. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Amidon shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted worldwide use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

7. Registration and Password.
You are responsible for maintaining the confidentiality of your Amidon Account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your AmidonContractingSolutions.com registrations and passwords, whether or not authorized by You. You agree to immediately notify Amidon of any unauthorized use of your employer account, Amidon Account, Profile, or passwords, as the case may be.

8. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
Amidon respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of the Amidon Sites and the Amidon Portal You agree not to use the Amidon Portal or any Amidon Site to infringe the intellectual property rights of others in any way. We reserve the right to terminate the accounts of any Users, and block access to any and all Amidon Sites by any Users who infringe the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

9. Amidon's Liability.
Amidon may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Amidon, damage Amidon’s brand or public image, or cause Amidon to lose (in whole or in part) the services of its ISPs or other suppliers. While Amidon reserves the right in its sole discretion to remove User Content, Amidon does not assume any obligation to do so and disclaims any liability for failing to take any such action.

The Amidon Portal may provide for communication between Amidon and Amidon Subcontractors or between different Amidon Subcontractors, but Amidon may not be involved in the actual communications. As a result, Amidon has no control over the accuracy, reliability, completeness, or timeliness of any information communicated and makes no representations about the accuracy of any information posted or communicated.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the Amidon Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Amidon Sites.

Because User authentication on the Internet is difficult, Amidon cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Amidon Site, in the event that You have a dispute with one or more Users, You release Amidon (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

The Amidon Sites and the Amidon Content may contain inaccuracies or typographical errors. Amidon makes no representations about the accuracy, reliability, completeness, or timeliness of any Amidon Site or the Amidon Content. The use of all Amidon Sites and the Amidon Content is at your own risk. Changes are periodically made to Amidon Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any information placed by You on the Amidon Sites.

10. Disclaimer of Warranty.
AMIDON DOES NOT WARRANT THAT ANY AMIDON SITE WILL OPERATE ERROR-FREE OR THAT ANY AMIDON SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY AMIDON SITE OR THE AMIDON CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AMIDON IS NOT RESPONSIBLE FOR THOSE COSTS. THE AMIDON SITES AND AMIDON CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AMIDON, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. AMIDON MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE AMIDON CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

11. Disclaimer of Consequential Damages.
IN NO EVENT SHALL AMIDON, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY AMIDON SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY AMIDON SITE AND THE AMIDON CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMIDON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability.
AMIDON'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AMIDON SITE OR YOUR USE OF THE AMIDON CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Amidon Site.

14. Indemnity.
You agree to defend, indemnify, and hold harmless Amidon, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Amidon Site, (ii) your use of any Amidon Content, or (iii) your breach of the terms of these Terms. Amidon shall provide notice to You promptly of any such claim, suit, or proceeding.

15. General Terms for Use of AmidonContractingSolutions.com.
By visiting the Amidon Sites or accepting these Terms, You represent and warrant to Amidon that You meet all the conditions contained in this Agreement, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Amidon that You will use the Amidon Sites in a manner consistent with any and all applicable laws and regulations. In order to have the right to use the Amidon Sites, You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older. Amidon makes no claims that the Amidon Content may be lawfully viewed or accessed outside of the United States. Access to the Amidon Content may not be legal by certain persons or in certain countries. If You access the Amidon Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any of the Amidon Sites contain links to third party Web sites, these links are provided solely as a convenience to You. Amidon does not in any way endorse the contents on such third-party Web sites, and not in any way responsible for the content of linked third-party sites. Amidon does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you leave the Amidon site and access such third party sites, You do so at your own risk.

16. Jurisdiction and Construction.
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. If you wish to assert any claim against Amidon arising out of this Agreement, or any content on the Amidon Sites, you may only do so in the state or federal courts in Raleigh, North Carolina, and you agree to this exclusive jurisdiction and venue. If any provision of these Terms are found to be invalid by any court having competent jurisdiction under this Agreement or applicable law, the fact that some provisions are held invalid shall not affect the validity of the remaining provisions of these Terms, and all such remaining terms shall remain in full force and effect and be fully binding on you. If we fail to or elect not to enforce any of the provisions of this Agreement, You agree that at any point in time we may elect to require specific and full compliance, and you agree to come into compliance immediately upon request. If we waive any specific Term, this shall not be deemed to waive any other term, and you agree to comply with all other terms. These Terms constitute the entire agreement between You and Amidon with respect to the use of the Amidon Sites; provided however, that with respect to any conflict with the terms of any Amidon Subcontractor Agreement, Amidon Contractor Agreement or Amidon Vendor Agreement, the terms of those other contracts shall govern. No changes to these Terms shall be made except by a revised posting on this page.

17. Term and Termination
These Terms will remain in full force and effect while You are a User of the Amidon Sites. If you violate the Terms of this Agreement, Amidon reserves the right, in its sole discretion, to pursue all of its legal remedies, including but not limited to removal of any content that you have placed on the Amidon Sites, and immediate termination of your User Account or ability to access the Amidon Portal. In addition, we reserve the right to close your Account for any reason that Amidon, in its sole discretion, deems appropriate, including, but not limited to the fact that you have used the Amidon Sites in any manner that we deem inappropriate, violated contract that you have with Amidon in any way, failed to pay any amounts that you owe to Amidon, or violated the Amidon Privacy Statement in any way.

These Terms constitute a binding agreement between You and Amidon, and is accepted by You upon your use of the Amidon Website, the Amidon Portal, and any and all other Amidon Sites.