WEB SITE TERMS AND CONDITIONS OF USE
The https://subcontractor.ecc.net/ECC Web Site is an online subcontractor service provided by ECC, and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE. ECC may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Section 1. Web Site Information.
Information on this site is intended for use by ECC employees and any current or potential subcontractors/vendors (“parties”) of ECC. ECC authorizes said parties to be able to download and view RFPs created by the RFP application contained within ECCONET. The parties will be able to view the full documentation including all attachments on the RFPs for their sole purpose of submission of an RFP application to ECC.
Section 2. Nondisclosure.
All parties that visit the Site, hereby, agree in full consent that they will NOT DISCLOSE any information contained in or on the RFP application and attachments received from ECCONET, this Site, the Project Portal (contains project information uploaded by ECC employees, ECC clients, partnering firms, subcontractors, vendors, and architectural and design firms) to any outside third parties, competitors or competing firms of ECC. Any party that discloses any of the information contained in this website, other than for their own use, will be held liable to the full extent of all applicable state and federal laws.
ECC agrees to keep all client, subcontractor, and vendor information confidential and will not disclose any information to outside third parties, other than for the purpose of submission of an RFP.
Section 3. ECC’s Liability.
The material may contain inaccuracies or typographical errors. ECC makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ECC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ECC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 4. User Submissions
Generally, any communication which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by ECC as confidential, that fact will be stated on those pages.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
ECC does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other 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.
ECC does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, ECC may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. ECC has no liability or responsibility to Users for performance or nonperformance of such activities. ECC reserves the right to expel Users and prevent future access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by ECC of the contents on such third-party Web sites. ECC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of material on such third party Web sites. If you decide to access third-party Web sites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Web Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for ECC to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless ECC, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal accounting fees, alleging or resulting from any mis-use of the Material (including Software) (such as copyright infringement or piracy) or violation of the terms of this Agreement. ECC shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense in defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 10. General.
This Web Site is based in Burlingame, California. ECC makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Agreement is governed by internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of this Agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any terms of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in particular “Legal Notice” or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and ECC with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of ECC.