TERMS OF USE AGREEMENT

Between User and City Blueprint & Supply Co., Inc. 

This Terms of Use Agreement ("Agreement") is between City Blueprint & Supply Co., Inc. ("City Blueprint") and you (which may be identified in this agreement as "you," "your," or "User"). By accepting this Agreement you are accepting its terms on behalf of both you personally and any entity for which you are an agent or appear to represent as indicated by the information you provide in registering with the City Blueprint network of websites ("Website"). The terms "you," "your," and "User" shall include both you personally and any such entities.

1. AGREEMENT

This Agreement, in addition to any other terms and conditions or other agreements City Blueprint presents to you in writing as a part of using its City Blueprint Plan Room Network Website and the electronic bid submission portal, collectively contain the terms and conditions that govern your use of the Website and any other City Blueprint website (the "Terms of Use").

By clicking the "I Agree" button or by accessing, visiting, browsing, using, or attempting to interact with any part of the Website, or other City Blueprint Software, services, or websites (collectively "services"), You agree that you have read, understand, and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access, or use any part of this Website. All notices regarding this website and any products or services provided in connection with the website will be sent to you using the email address you provide to City Blueprint when registering to use the website.

2. PROPRIETARY RIGHTS

City Blueprint or its licensors own and retain all proprietary rights in this website and all content, material, and information posted, uploaded, transmitted, or otherwise shared by City Blueprint thereon.

3. ACCESS TO WEBSITE(S)

To obtain a license to access this Website or the Services, you may be asked to provide registration details or other information. It is a condition of your use of this Website that all the information you provide on this website be correct, current, and complete. If City Blueprint believes the information you provide is not correct, current, or complete, City Blueprint has the right to refuse you access to this Website or any of its Services, and to terminate or suspend your access at any time. Your license to access and use this website is nonexclusive, non transferable, and limited to the terms and conditions of this Agreement. You may only use this Website for your own internal business purposes. You may not: (a) modify, translate, decompile, disassemble, or reverse engineer the website; (b) create derivative versions of any part of the Website; or (c) rent, transfer, resell, license, distribute or grant any rights in the Website in any form.

4. THIRD PARTY SITES

As a convenience to you, City Blueprint may provide links to third-party websites (“Third Party Sites"), as well as content, information, images, photographs, pictures, and materials (including, without limitation, text, graphics, designs, music, sound, video, information, and software) belonging to or originating from third parties ("Third Party Content'). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by City Blueprint, and City Blueprint is not responsible for any Third Party Sites accessed through this website, or any Third Party Content posted, uploaded, transmitted or otherwise shared on this Website.

5. SUBMITTING FILES

The owner of the content submitted to City Blueprint is responsible for all such content. It is the sole responsibility of the individual submitting files to ensure that the files can be opened and read and that they are submitted in a format that cannot be manipulated or edited. City Blueprint takes no responsibility for any inaccessible or corrupt files which are submitted.

6. CHANGES

City Blueprint reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes.

7. NON-REPUDIATION

By accepting these Terms of Use and using the Website or City Blueprint Services, you represent to City Blueprint and to parties relying on your use of the Website or City Blueprint Services, that you will use the City Blueprint Services only for authorized and legal purposes and will provide accurate and complete information to City Blueprint.

The information collected by City Blueprint throughout the Registration process contributes to the City Blueprint Non-Repudiation process and policies. City Blueprint utilizes the information submitted to authenticate your identification and the identification of other City Blueprint Users. City Blueprint authenticates this information electronically as well as through human fact checking efforts. Additionally, City Blueprint utilizes electronic tracking software to record and store each Users movements within the City Blueprint Website. This tracking process ensures that City Blueprint can link our Users' movements, their IP address and their public private key pair to the actions taken by the City Blueprint Users. By clicking the "I Agree" button, Users agree that this technology is sufficient to assure Non-Repudiation of all actions, bids, messages, communications, etc. associated with the username registered to such User.

8. INFORMATION VERIFICATION

Each User agrees that by clicking the "I Agree" button that the User is providing WRITTEN CONSENT for City Blueprint to verify all information provided throughout the registration process and all information submitted by such User on the City Blueprint Website. User agrees that such User is providing City Blueprint all legal authority required to conduct authentication and verification of information provided by the User by any and all means deemed relevant and pertinent to City Blueprint, in City Blueprint's sole discretion.

9. INDEMNIFICATION

User further agrees to be bound by information gathered by City Blueprint and further agrees to indemnify and hold City Blueprint and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, for actions taken in the authentication and verification process, as well as the actions taken by City Blueprint resulting from the information gathered.

10. PRIVACY POLICY

City Blueprint is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you that we receive on the Internet. In general, you can visit us on the World Wide Web without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on this website, pages viewed, etc. City Blueprint uses this information to measure the use of our Site and to improve the content of our Website. There are times, however, when we may need personal information (hereinafter "Personal Transaction Information") from you, such as your name and address, for registration as a User or the purchase of products and Services via this Website or your interest in purchasing via the Website. Usually, the Personal Transaction Information we collect is used only by us to respond to your inquiry about an order or interest in purchasing via the Website, to process an order, or to allow you to access specific account information. If you register on this website, we may use this information to provide you with custom information about our offerings in support of your business needs. A technology called cookies may be used to provide you with tailored information. A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive so we can recognize you when you return.

Specifically, You acknowledge, consent, and agree that City Blueprint may, at its sole discretion and to the extent permitted by law, access, read, preserve, and disclose your Personal Transaction Information in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including, without limitation, intellectual property rights; (c) enforce these Terms of Use and/or investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of City Blueprint, its Users, or the public. In addition, you agree to release, discharge, hold harmless City Blueprint from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution, or exploitation of your Personal Transaction Information, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy, or proprietary rights.

11. TERMINATION

City Blueprint may terminate a User's access at any time, with or without cause. Upon termination, City Blueprint shall not be required to make any refund of the User's payment of any fees set forth hereinafter. User understands and hereby acknowledges that City Blueprint may determine in its sole discretion whether a reason constitutes a ground to terminate User.

12. ARBITRATION

YOU AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN YOU AND CITY BLUEPRINT, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE SERVICES PROVIDED, INCLUDING ACCESS AND/OR USE OF THE WEBSITE AND/OR ANY APP, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING PROVIDED BY CITY BLUEPRINT, INCLUDING, BUT NOT LIMITED TO, ACCESS AND/OR USE OF THE WEBSITE AND APPS. SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE ARBITRATORS AT A LOCATION IN THE GREATER NEW ORLEANS, LOUISIANA, METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND CITY BLUEPRINT AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF.

The term of this Agreement shall continue for so long as City Blueprint provides you access to any City Blueprint Website.

13. DISCLAIMERS

You grant to City Blueprint 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, or other information communicated to City Blueprint through this Website (together, the "Submission"), for the purposes set forth in the Website including without limitation the display and transmission of project and bid information. Without limitation, City Blueprint has the right to distribute lists of plan holders who have viewed, ordered, or downloaded materials related to a project to anyone including, without limitation, owners, agents of the owners, and other plan holders.

Your use of this Website is at your own risk. You acknowledge and agree that any reliance on any such opinion, advice, statement, memorandum, or other information shall be at your sole risk, and that City Blueprint is not responsible, and shall have no liability for any incorrect or inaccurate content posted on this website. City Blueprint shall not be liable for any cost or expense you may incur in connection with this Website, the City Blueprint Services, or your participation in any City Blueprint bid event.

This Website, the information and materials on this website, and the software made available on this Website ARE PROVIDED TO YOU "AS IS." City Blueprint specifically disclaims each of the following:

1. Any and all warranties related to the websites and any material or content uploaded, downloaded or otherwise obtained by you whether express or implied, including, without limitation, implied warranties or merchantability, fitness for a particular purpose and non-infringement;
2. Any warranties concerning whether the website or services operate properly or in conjunction with your network and/or any hardware or software, or other requirements you may have;

14. LIMITATION OF LIABILITY

City Blueprint shall have no liability or obligation in either contract or tort or for any damages of any kind incurred by you, such as but not limited to:

1. Claims for damages for personal injury;
2. Wrongful death;
3. Loss of Use;
4. Loss of anticipated profits;
5. Lost data; or
6. Any other incidental or consequential damages or economic loss of any kind

Related to or arising out of the download, installation, and/or use of the website, content on the website or accessible through the website. The acts or omissions of any third party, or for any content provided by a third party, irrespective of whether City Blueprint has been notified of the possibility of such damages, whether or not caused by City Blueprint’s negligence, to the full extent the same may be disclaimed by law.

With respect to this Website, the City Blueprint Services and any City Blueprint event, City Blueprint assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, any communications or information submitted by Users. Under no circumstances will City Blueprint be responsible for any loss or damage resulting from any use of this Website or participation in a City Blueprint event, including without limitation any content posted, uploaded, submitted, transmitted, or otherwise shared on this Website or any interactions between any users of the City Blueprint Website, whether online of offline. City Blueprint does not represent, warrant, covenant, guarantee or promise any specific results from the use of this website, the City Blueprint Services or participation in any City Blueprint event.

You understand that City Blueprint 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 accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. City Blueprint does not assume any responsibility or risk for your use of the Internet.

All Content that is submitted by others and available on the Website is the sole responsibility of the person or entity that submitted that information. City Blueprint 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. City Blueprint 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 username or account) have with the users of the Services. If you have a dispute with one or more users of the Services, you hereby agree to release, indemnify and hold harmless City Blueprint and its subsidiaries, affiliates, service providers, employees, agents, officers, and directors from any and all claims, demands, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with those disputes.

15. OTHER PROVISIONS

1. CHOICE OF LAW

These Terms of Use shall be governed by the laws of the State of Louisiana. This Agreement (together with the Purchase Terms and Conditions) constitutes the entire agreement between City Blueprint and you with respect to your use of this Website. All disputes arising between the parties that are not arbitrated will be heard in the 24th Judicial District Court.

b. SEVERABILITY

Each provision of this Agreement is intended to be severable.  If any term or provision of this Agreement is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity or legality of the remainder of this Agreement.