Let's get to know you. Please provide the following information as stated in your W-9:
You (Company) and Gilbane Building Company (Gilbane) have applied for approval to participate in trade contractor outreach services provided by Gilbane Building Company (Gilbane) through the Gilbane Trade Contractor Outreach Portal (the Service). Gilbane has granted the Company approval to do so.
This User Agreement (the Agreement) presents the exclusive and complete terms and conditions related to the Service and your use of the Service.
ELECTRONIC SIGNATURES BINDING
The Company acknowledges and agrees that any documents signed electronically including,without limitation,this Agreement shall be binding on the Company in the same manner as if they were submitted in hardcopy with the original signature of a duly authorized officer or agent of the Company with its corporate seal,if applicable.
STATEMENT OF AUTHORITY
The individual completing and electronically signing this Agreement represents and certifies that he or she is a duly authorized officer or agent of the Company and that has the authority to make such an agreement on the Company's behalf. The Company agrees that this Statement of Authority shall remain valid until such time as it is withdrawn in writing by the Company and such withdrawal is received by Gilbane.
ACCURACY OF INFORMATION PROVIDED
You agree that Gilbane is entitled to reasonably rely on and act upon the accuracy and completeness of representations,and the authenticity of signatures and documents or information received through the Service.
LIMITS OF LIABILITY
Except as required by law or as otherwise provided in this Agreement,you acknowledge and agree that participation in or use of the Service is does not create or constitute a contract for work,a promise by Gilbane of future work,or a legally enforceable business expectancy of any kind. Gilbane makes no representation or warranty concerning any value that the Company may derive from using the Service,and you agree that Gilbane is not responsible for any loss,claim,damage or liability that results from your use of the Service. You are solely responsible for the installation,maintenance,and operation of the computer and related hardware and software you use to access the Service (collectively,the "Computer"). The risk of error,failure,or non-performance relating to the Computer is your sole risk and includes the risk that you do not operate the Computer properly.
Gilbane provides the Service as at no charge to you,and your participation is completely voluntary,and is not a condition precedent to bidding,contracting for,or performing work. Consequently Gilbane not responsible for any errors or failures from any malfunction of the Service nor is it responsible for any electronic virus or viruses that you may encounter. Gilbane shall not have any liability to you for damage of any kind,whether direct or consequential,that you may suffer or incur by reason or your use or misuse of the Computer or Service. Gilbane disclaims all warranties,both express and implied,to you regarding the Computer or Service,including any warranty of merchantability or fitness for a particular purpose.
Notwithstanding any language in this agreement to the contrary,and as a condition precedent to Gilbane granting access to the service,you agree that Gilbane shall not be liable for any consequential,special,punitive or indirect damages,including but not limited to loss of profits,loss or use or utilization of facilities,loss or reputation or loss of good will resulting from Gilbane's providing under this Service or your use of the Service,even if Gilbane has been advised of the possibility of such damages.
You agree that you will not attempt to hold Gilbane responsible for any damage of any kind that may be due to or affected by circumstances beyond Gilbane's control. Circumstances beyond Gilbane's control include without limitation,the actions of third parties to this Agreement,strikes,work stoppages or slowdowns,computer or communication system failures (including,but not limited to,computer viruses),system errors,war,riot,civil disturbance,terrorist attack,earthquake,fire,flood,water damage,power failure,acts of God,and any other circumstances not within Gilbane’s control. You agree that Gilbane is not responsible for any failure or misdirection of information that you provide to Gilbane.
Gilbane currently does not charge a fee to use the Service and you are responsible for any fees imposed by your Internet service provider (ISP) relating to the services that the ISP provides as well as fees levied by the reprographics firm based on orders that you place with them.
Gilbane believes that the confidentiality and protection of its customer’s information is very important. Gilbane does not sell its lists of bidders to any third parties.
DATA OWNERSHIP & USE
You acknowledge that the data you provide will become part of a unique data compilation that is the property of Gilbane,and a protectable trade secret (the System Data). The System Data may be used by Gilbane for any legal business purpose,including,providing you with information concerning business opportunities,training opportunities,and the processes or procedures required to take advantage of such opportunities. Select information submitted by you may be disclosed to third parties to advance such business or training opportunities. This may include,Owners,Clients,Designers,Joint Venture Participants,Consultants,Subcontractors,Suppliers and Vendors.
By signing this document you represent that the Company maintains customary general commercial liability insurance,and/or excess or umbrella insurance which includes a cyber security endorsement or other equivalent coverage.
You agree to defend and indemnify Gilbane from any third party claims of any type related to or resulting from your use of the Service.
COMPLIANCE WITH LAW
You agree to comply with all legal requirements and restrictions on your use of the Service. This includes,without limit,all equal employment opportunity requirements applicable to your Company,and/or to business opportunities,contracts,and/or other benefits provided through the Service.
TERMINATION OR SUSPENSION OF SERVICE
Gilbane is under no obligation to continue providing the Service,and reserves the right terminate or suspend the Service at any time.
MODIFICATIONS TO POLICIES AND AGREEMENT
Gilbane reserves the right to modify from time to time its policies concerning use of the Service and the terms and conditions of this Agreement without prior notice.