Terms & Conditions

Please read the following User Agreement.

DESCRIPTION OF ECONTRACTORBIDS.COM AND THIS AGREEMENT

Welcome to the eContractorBids.com website (the “Website”). The terms “we”, “us”, “our”, eContractorBids.com, and “eCB” refer to eContractorBids.com, LLC, a Wisconsin corporation and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or ordering construction services through us on this Website. This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that

• you are at least 18 years of age;
• you possess the legal authority to create a binding legal obligation;
• you will use this Website in accordance with this Agreement;
• you will only use this Website to make legitimate orders for you or for another person for whom you are legally authorized to act;
• you will inform such other persons about the terms and conditions that apply to the orders you have made on their behalf, including all rules and restrictions applicable thereto;
• all information supplied by you on this Website is true, accurate, current and complete, and
• if you have an eCB account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

eContractorBids.com privacy policy is located: here

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of products and services), as well as the infrastructure used to provide such content and information, is proprietary to us or our contractors and providers. While you may make limited copies of particular pages for your personal, archival non-commercial use, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

use this Website or its contents for any commercial purpose;

• make any speculative, false, or fraudulent order(s);
• access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• deep-link to any portion of this Website (including, without limitation, the purchase path for any construction services) for any purpose without our express written permission;
• “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
• use any links to the Website for the purpose of harvesting or data-mining, for creating or distributing a competitive database, or for otherwise engaging in unfair competition with eCB.

In addition to the above prohibitions, without our express written approval you may not:

• display or use a link in any manner that states or implies any endorsement by, or affiliation with eCB;
• display or use any link to directly access any data file contained in the eCB Website;
• alter, block or otherwise prevent display of any content of the eCB website;
• link to the eCB Website from any website containing obscene, defamatory, harassing, illegal, offensive, or malicious material.

CONTRACTOR RULES AND RESTRICTIONS

Additional terms and conditions will apply to purchase of products and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of any contract you reach with any contractor with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the contractors rules and restrictions regarding availability and use of materials, products, or services. You acknowledge that contractors offering construction services and/or activities may propose or require you to sign their contracts which we have not nor will review. The negotiation of such contracts is solely between you and the contractor of such services and you should consult with your legal or other advisors as you deem appropriate prior to making any contract.

Moral Obligations:

As a member of eContractorBids.com you shall abide by moral and ethical business practices in regard to all aspects of actions and behaviors both in business and personal matters. Both parties agree to use the system, as it was intended and not bypass or go around the intended services and uses of the site. Any infractions of this moral obligation clause will result in a minimum penalty of $250 charged to your account or up to ten (10) times the value of the transaction.

Submitting Bids:

As a member of eContractorBids.com you agree to submit each and every bid through eCB’s website in the required bid form. All bids and estimates must be submitted through eCB’s website for any and all job leads obtained through eCB. Any violations will result in a minimum penalty fee of $250 or up to $5,000. Violations may also result in a suspension of membership. Effective, 12/01/09 bid fees are waived for bids and estimates submitted before the specified bid deadline. Bid fees will be charged for all bids and estimates submitted after the bid deadline. Bid fees are also charged if you send a response to the customer indicating you are interested in the job but fail to submit a bid or estimate within 30 days of the bid deadline.

Responding to Jobs and Your Response Time:

As a member of eContractorBids.com you agree to respond to each and every job lead sent to you. You response is required and must be done through the Feedback Survey, highlighted in yellow at the end of each job lead. Your “Response Time” is displayed in your company profile and is calculated by the number of 24 hour periods it takes you to complete the Feedback Survey and send a response to the customer. Your membership may be suspended or terminated if you do not respond to job leads in a timely matter.

Commissions and Successful Jobs:

If for any reason a job is awarded to a member that was not awarded through the website the member must report the awarded job to eCB within 30 days. Any violations will result in a minimum penalty fee of $250 or up to $5,000.

SURVEY RESPONSES, FEEDBACK, AND OTHER CONTRIBUTIONS TO THE eCB WEBSITE

By submitting ideas, survey responses, reviews, comments, suggestions, documents, and/or proposals (“Contributions”) to the eCB Website through its surveys, “contact us,” or suggestion or feedback Web pages, you acknowledge and agree that:

• your Contributions do not contain confidential or proprietary information;
• eCB is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
• your Contributions automatically become the property of eCB without any obligation of eCB to you and eCB shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide;
• eCB may have something similar to the Contributions already under consideration or in development; and
• you are not entitled to any compensation or reimbursement of any kind from the eCB Website under any circumstances for your Contributions. You acknowledge that eCB may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the eCB Website the right to pursue at law any person or entity that violates your or the eCB’s rights in the Contributions by a breach of this Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the eCB Website. If you do not agree to these terms and conditions, please do not provide us with any Contributions.

You are fully responsible for the content of your Contributions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website:

• any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
• any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
• any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that the eCB Website may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than eCB. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You further acknowledge and agree that eCB will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.

PROPRIETARY RIGHTS

You acknowledge and agree that the eCB Website and all materials on the eCB Website contain proprietary and confidential information that is protected by applicable copyright, trademark and other intellectual property laws (eCB’s “Proprietary Information”). All materials on and in the eCB Website, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from the eCB Website unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Website, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Website.

MODIFICATION AND TERMINATION OF SERVICE

We reserve the right at any time and from time to time to modify, update, suspend or discontinue all or part of the eCB Website with or without notice to you. You agree that eCB will not be liable to you for any modification, suspension or discontinuance of the Website. You agree that eCB may, under some circumstances and without prior notice to you, terminate your use of and access to the Website. Some of the reasons for such termination may include, but not be limited to,

• a breach or violation of this Agreement or other incorporated agreements or guidelines,
• a request by law enforcement or another government agency,
• our decision to discontinue or change all or part of the Website or how we choose to provide it,
• technical or security issues or problems, and/or
• fraudulent or illegal activities. All terminations will be made in eCB’s sole discretion and you agree that eCB will not be liable for any termination of your use of or access to the Website.

Also, you agree that eCB may revoke its linking permission at any time in its sole discretion, including for quality control purposes relating to the maintenance of high quality standards for the eCB Marks and eCB Logos. Upon your receipt of notice of such revocation, you shall immediately:

• discontinue or disable any link to the eCB Website;
• remove any and all occurrences of the eCB Marks and eCB Logos from your website(s); and
• destroy all copies of data from the eCB Website in your possession, custody or control.

NO ILLEGAL USE

As a condition of your use of and access to the eCB Website, you agree not to use the Website for any unlawful purpose or in any way that violates this Agreement. You also agree not to use the Website in any way that could damage, disable, overburden, or impair the Website or any eCB server, or the associated networks, or interfere with any other party’s use and enjoyment of the Website.

DISCLAIMER OF WARRANTIES

BY USING THE ECB WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. eCB PROVIDES THE SERVICE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. eCB AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, SALES REPRESENTATIVES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• eCB AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, SALES REPRESENTATIVES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS WILL BE CORRECTED.
• ALL MATERIAL AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESSING OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY WHATSOEVER.

LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE OR PROVIDED AS A DIRECT OR INDIRECT RESULT OF VISITING THIS WEBSITE MAY INCLUDE OMISSIONS, INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, eCB DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY OMISSIONS, ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF SERICES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE CONTRACTORS. IN ADDITION, eCB EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING ORDERS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING ORDER AT THE CORRECT PRICE OR WE WILL CANCEL YOUR ORDER WITHOUT PENALTY.

CONTRACTOR RATINGS AND REVIEWS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND eCB DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. eCB MAKES NO GUARANTEES ABOUT THE AVAILABILITY, WORKMANSHIP OR QUALITY OF SPECIFIC PRODUCTS AND SERVICES. eCB AND ITS RESPECTIVE CONTRACTORS OR OTHER SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

eCB AND ITS RESPECTIVE CONTRACTORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OR MERCHANTABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY eCB.

THE CONTRACTORS AND OTHER SUPPLIERS PROVIDING SERVICES ON OR THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF eCB. eCB IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. eCB HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECB AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, SALES REPRESENTATIVES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY 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 ECB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

If, despite the limitation above, eCB or its respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of eCB and/or its respective suppliers will in no event exceed, in the aggregate, the service fees you paid to eCB in connection with such transaction(s) on this Website.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose.

INDEMNIFICATION

When you access or link to the eCB Website, you are agreeing to indemnify eCB, its owners, shareholders, subsidiaries, affiliates, officers, employees, sales representatives, agents, partners, and licensors and hold them harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• your breach of this Agreement or the documents referenced herein;
• your violation of any law or the rights of a third party; or
• your use of this Website.

APPLICABLE LAW

By visiting the eCB Website, you agree that the laws of the state of Wisconsin and the United States, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and eCB.

DISPUTES

Any dispute relating in any way to your visit to the eCB Website or to products or services sold or distributed by the eCB Website or through the eCB Website shall be adjudicated in any state or federal court in La Crosse County, Wisconsin, and you consent to submit to the personal and exclusive jurisdiction and venue in such courts.